Industry Insights
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Kamin: Labor Code 4053 and a Suspension of Benefits | 08/07/2024 | |
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| By: John P. Kamin | |||
| State: CA | Segment: WEST | 0 | |||
| When an applicant refuses to attend a medical evaluation, one of the more straightforward statutes in the Labor Code allows for the court to suspend a case and bar an applicant’s right to benefits. ...Read More | |||
| CAAA: A Victory for App-Based Companies; a Loss for App-Based Workers | 08/06/2024 | ||
| By: CAAA Communications Team | |||
| State: CA | Segment: WEST | 0 | |||
| On July 25, the California Supreme Court upheld Proposition 22, allowing companies like Uber, Lyft and DoorDash to classify their drivers as independent contractors rather than employees. This ruling in Hector Castellanos v. State of California was not unexpected, as observers of the...Read More | |||
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Gelman: Key Lessons and Future Steps for COVID-19 Response | 08/02/2024 | |
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| By: Jon L. Gelman | |||
| State: NJ | Segment: NORTH | 0 | |||
| The "Independent Review of New Jersey’s Response to the COVID-19 Pandemic," conducted by Montgomery McCracken Walker & Rhoads LLP, is a comprehensive review that evaluates New Jersey’s preparedness, response and lessons learned during the pandemic. It also...Read More | |||
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Salem: Minimum Comp Rate Applies, Even Against Social Security Offset | 08/01/2024 | |
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| By: Jane Salem | |||
| State: TN | Segment: SOUTH | 0 | |||
| Last week, the Tennessee Workers' Compensation Appeals Board answered an issue of first impression about statutory construction and in particular whether an employer is entitled to the Social Security offset in Section 50-6-207(4)(A)(i) when applying it lowers an employee’s compens...Read More | |||
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Salem: Panel Upholds Key Sections of Comp Law | 07/31/2024 | |
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| By: Jane Salem | |||
| State: TN | Segment: SOUTH | 0 | |||
| The Tennessee Supreme Court released a panel decision on July 19 finding two significant provisions of the Reform Act constitutional, in Worrell v. Obion County School Distri...Read More | |||
| CAAA: Language Access for Injured Workers | 07/30/2024 | ||
| By: California Applicants' Attorneys Association | |||
| State: NA | Segment: WEST | 0 | |||
| Attorneys who represent non-English-speaking clients in their fight for workers' compensation benefits are facing some very serious consequences in their cases based on a new trend identified by Language Access for Injured Workers. LAIW has raised concerns about insurance carriers sen...Read More | |||
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Gelman: Medical Evidence Falls Short | 07/29/2024 | |
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| By: Jon L. Gelman | |||
| State: NJ | Segment: NORTH | 0 | |||
| A workers’ compensation medical report was insufficient to establish a direct causal link between an accident and an alleged concussion and subsequent stroke, precluded from admission by a federal court in a personal injury case. ...Read More | |||
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Montgomery: DWC to Impose Costly New Reporting Burdens on Providers | 07/25/2024 | |
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| By: Catherine Montgomery | |||
| State: CA | Segment: WEST | 0 | |||
| California’s Division of Workers’ Compensation is proposing major changes to the forms providers use for injured workers’ progress reports, the doctors’ first report of occupational injury, permanent and stationary reports, and requests for authorization. ...Read More | |||
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Lehman: Oral Arguments, Conflicting Experts and Significant Reversal | 07/23/2024 | |
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| By: Kaitlynn Lehman | |||
| State: TN | Segment: SOUTH | 0 | |||
| Writing to you “From the Bench,” my name is Kaitlynn Lehman, and I’ve just finished my first year of law school at Belmont University. The Tennessee Bureau of Workers’ Compensation has taken me under its wing as an intern to show me the ins and outs of the practice of law ...Read More | |||
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Moore: Copy and Paste Is Not File Documentation | 07/19/2024 | |
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| By: James Moore | |||
| State: NA | Segment: NATIONAL | 0 | |||
| Workers' comp file documentation became very critical in the post-pandemic area. One area for adjusters that seems to have become almost the norm is copy and pasting the same info from note to note. ...Read More | |||
