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Category Archives: Issue commentary
2018’s Top 10 Workers’ Compensation Cases
In the Foreword of our forthcoming Workers’ Compensation Emerging Issues Analysis, 6th Edition [LexisNexis], due out in a few weeks, I note that in contrast to 2017, this year has been relatively calm for the workers’ compensation world. I caution … Continue reading
Posted in Issue commentary
Tagged constitutional, important cases, legislation, Supreme Court, Top 10
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The Real Reason LeBron is Moving to the Lakers!
There are some who point out that LeBron is getting ready to pay the highest taxes in his life (with a $154 million contract, he can afford it), that he should have gone to one of the Florida or Texas … Continue reading
Posted in Issue commentary
Tagged California, LaBron, repeated trauma, repetitive motion injuries
1 Comment
Commentary: How Equitable is Florida’s New PTSD Coverage?
What Does Florida Have Against Teachers and Bartenders? As I posted Monday [click here to view that post], a bill to extend relatively broad PTSD coverage to Florida’s first responders was passed unanimously by both state houses earlier in March. … Continue reading
Posted in Issue commentary
Tagged 911, first responder, Florida, mental injury, PTSD, September 11, terrorist, Washington
1 Comment
Florida Legislature Approves PTSD Coverage for First Responders
Earlier this month, the Florida Senate and House both unanimously passed Senate Bill 376, so as generally to allow workers’ compensation benefits for first responders who suffer PTSD as a result of their work. The coverage protection, which treats PTSD … Continue reading
Posted in Issue commentary, Legislation
Tagged AOE/COE, first responder, Florida, mental injury, PTSD
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Is the Wall Strong Enough?
Recent Air Ambulance Decisions Hint that McCarran-Ferguson Insurance Barrier to Federal Involvement in Workers’ Comp May Be Decaying Two recent court decisions, one from Texas [PHI Air Med., LLC v. Tex. Mut. Ins. Co., 2018 Tex. App. LEXIS 849 (3rd … Continue reading
Posted in Issue commentary
Tagged business of insurance, federal intervention, insurance, McCarran-Ferguson, state-control, workers' compensation
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New Study Says Employer-Directed Choice of MD May Actually Increase Overall Claim Costs
Employer-Controlled Medical Care Drives Claimants to Attorneys, Erasing Savings in Medical Costs A common mantra from the employer-carrier side of the workers’ compensation world goes something like this, “If you really want to gain control of claim costs, you need … Continue reading
Posted in Issue commentary
Tagged attorney involvement, claims costs, empirical study, JOEM, lost time injuries, medical care, physician choice
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Medical Benefits Must be “Reasonable and Necessary”—Not Just Beneficial
Virginia Employer Need Not Provide Specialized “Running Blade” Prosthesis While all but a few American jurisdictions require employers to provide medical benefits that are essentially unlimited in terms of duration and amount [see e.g., Larson’s Workers’ Compensation Law (“Larson”) § … Continue reading
Posted in Case comment, Issue commentary
Tagged amputation, medical benefits, prosthesis, reasonable and necessary, Virginia
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Virginia Case Shows “On-the-Job” Injuries May Not be Compensable
The phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation benefits. Such use of imprecise language leads many claimants to … Continue reading
Posted in Case comment, Issue commentary
Tagged actual risk, AOE/COE, arising out of employment, back injury, on-the-job, positional risk, Virginia
Comments Off on Virginia Case Shows “On-the-Job” Injuries May Not be Compensable
South Carolina: In Dependency Case, Commission May Not Presume “Fornication” Occurred
In an ancient decision (one year older than me), Day v. Day, 216 S.C. 334, 58 S.E.2d 83 (1950), the Supreme Court of South Carolina, reflecting the general moral mindset of the time, held that a woman cannot be considered … Continue reading →
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