Category Archives: Issue commentary

2017’s Top 10 Workers’ Compensation Cases

During September of each of the past five years, my colleague, Robin Kobayashi, and I have pulled together a volume entitled, Workers’ Compensation Emerging Issues Analysis. Annually published by LexisNexis®, it is a compendium of expert analysis and commentary highlighting … Continue reading

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Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On!

What if Employers Are Willing to Give Up Exclusive Remedy Defense? In his typically lucid and engaging style, Bob Wilson mused in his post this morning that the employer opt out movement in workers’ compensation law isn’t dead; it’s only … Continue reading

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Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides

In a highly anticipated decision, Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.), 2017 Pa. LEXIS 1401 (June 20, 2017), a split Supreme Court of Pennsylvania yesterday held that the provision, found in Section 306(a.2) of the state’s Workers’ … Continue reading

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Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale

I should have noted this earlier, but anyone still holding his or her breath as to whether Arkansas might pass workers’ compensation opt out legislation during the Legislature’s 2017 session can now officially exhale. As I indicated here and here, … Continue reading

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Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic

Has the State Established New Weight-Loss Program for Workers? Emphasizing that within the Colorado workers’ compensation scheme, the employer does not necessarily take the employee as it finds him (or her)—at least when it comes to occupational disease and repetitive … Continue reading

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Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill

As I indicated here in an earlier post (March 29, 2017), the Arkansas workers’ compensation “opt out” bill exists only as a shell, with literally no details contained in 2017 Senate Bill 653. As of today, that is still true. … Continue reading

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Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death

In a case that echoes the plight of all too many injured workers in the U.S., the Supreme Court of Tennessee has overturned a decision of a state chancery court and found that the death of an injured worker due … Continue reading

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Arkansas Opt-Out Bill: The Devil’s in the Details

Only There Aren’t any Details—at Least Not Yet Lately, I’ve seen a number of news items indicating that the Arkansas Legislature is considering an opt-out arrangement for its workers’ compensation system. The implication is that Senate Bill 653, introduced March … Continue reading

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Like Oil & Water, Oxycodone and Xanax Don’t Mix

Nebraska Worker’s Death From Apparent Suicide is Not Compensable In a case that is heartbreaking from multiple points of view, the family of an injured Nebraska employee was denied workers’ compensation death benefits on the basis that the employee’s death, … 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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