Monthly Archives: January 2017

NCCI May Not Impose Bankrupt Staffing Company’s Experience Rating on Purchaser in Court-Approved Sale of Assets

A debtor’s workers’ compensation experience rating is the sort of “interest” of which the debtor’s assets can be sold free and clear, under § 363 of the U.S. Bankruptcy Code, held the U.S. Bankruptcy Court for the District of New … Continue reading

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National Conference Session Points to Increase Use of Telemedicine for Injured Workers

In the past few years, a great deal of appropriate attention has been spent pondering various ways in which access to medical care could be improved for injured workers. Various constituencies argue that in spite of significant improvements in information … Continue reading

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Lousiana Court Sustains Worker’s West Nile Virus Claim as Accidental Injury

A Louisiana appellate court affirmed, in relevant part, a ruling by a state workers’ compensation judge that a worker sustained an accidental injury arising out of and in the course of his employment when he was bitten by a mosquito … Continue reading

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Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue?

Martin Klug’s New Book Provides Important Insight During a famous incident that occurred in Sicily during August 1943, General George S. Patton, in two separate incidents, slapped U.S. Army privates who were being treated for “combat fatigue” in Army evacuation … Continue reading

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Memo to Worker’ Comp Carrier: Standing on Your Rights Can Result in Scorched Feet

Tennessee Appeals Panel Affirms $27K Attorney’s Fee Related to $187 Medical Claim In Grissom v. UPS, 2017 Tenn. LEXIS 4 (Jan. 9, 2017), the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a trial court’s award of … Continue reading

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“Star” Opera Singer is not Employee of the Metropolitan Opera House

A New York appellate court has agreed with Wendy White, prominent opera singer at the Metropolitan Opera House at Lincoln Center (“the Met”), that White is not an employee and, therefore, may maintain a civil action in negligence against the … Continue reading

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Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies

As most of us are aware, OSHA’s final rule regarding, inter alia, anti-retaliation protections within the workplace was published May 12, 2016. Technically effective on August 10, 2016, OSHA delayed enforcement to December 1, 2016. Under the new rule, OSHA … Continue reading

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