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The Implication of the Medicare Secondary Payer Act in Litigation Does Not Necessarily Create a “Federal Question” to be Resolved in Federal Court

In an opinion out of the U.S. District Court for the Middle District of Pennsylvania, Mikiewicz v. Hamorski and Erie Insurance Exchange, 2016 U.S. Dist. ...

Alabama Workers' Compensation Blawg Wins an Award

 We are pleased to announce that our Blawg was named a Best Blog for 2016!  A complete list of the winners and the criteria used ...

Function Loss v. Financial Loss

How does workers’ compensation work? Some would argue that it does not. There are anecdotal examples in which various individuals or constituencies are not satisfied ...

Alabama Courts Find Causation to be Clear and Convincing even when Doctor’s Opinion was Not

  On April 29, 2016, the Alabama Court of Civil Appeals released its opinion in Leesburg Yarn Mills, Inc v. Thomas Hood.  In Hood, the ...

More Changes in Texas DWC Hearings Division

The CCH landscape is changing at a fairly rapid rate these days. The retirement of David Wagner (Abilene), Carolyn Moore (Lubbock) and Cheryl Dean (Ft. ...

11 Questions to Ask Your Workers' Compensation Adjuster (Subtitle: A Dog’s Tooth)

PreambleChoosing a worker’s compensation insurer should not be based on price alone. Sophisticated insurance buyers understand that the cost of their compensation coverage is actually ...

Texas Appeals Panel Update

Three Appeals Panel cases of interest in Texas the past couple of months include: APD 160228 (decided 3/24/16) - the hearing officer erred in appointing a ...

Texas Air Ambulance Cases Continue

On April 14, 2016, the Texas DWC held its Quarterly Insurance Carrier Meeting. The Division reported that the 484 pending air ambulance disputes have been ...

Get Out Your Insect Repellant - Zika Virus and Compensability

With the recent torrential rains in Texas, we expect a larger crop of mosquitos this spring and summer. The US Centers for Disease Control (CDC) ...

Constitutional Questions - Next Up? Free Speech or “There must be more than one way to skin a cat.”

Casey Sutterfield was a derrick hand who claimed a workers’ compensation injury while workingin North Dakota for a Texas Company, Teravita. He says that after ...

Opt-Out or Opt-In: Sister State’s Problems Make Texas Programs a Hot Topic

In February, we told you about the Oklahoma Opt-Out statute being ruled unconstitutional by the Oklahoma Workers’ Compensation Commission. The next move? An appeal to ...

Past Medical History Remains The Key To Controlling Costs In Workers' Compensation

Those who do not remember the past are doomed to repeat it, wrote George Santayana.  In workers’ compensation, those who do not know the past are ...

January 2016 - March 2016 Missouri Quarterly Case Law Update

  Simon Law Group, P.C. 720 Olive Street, Suite 1720, St. Louis, MO 63101 314-621-2828               MISSOURI WORKERS’ COMPENSATION CASE LAW UPDATE January 2016 – March 2016     Temporary Employer ...

Until Death Do Us Part – Divorce and HIPAA Violations: A Lesson in Safeguarding Protected Health Information

Until Death Do Us Part – Divorce and HIPAA Violations: A Lesson in Safeguarding Protected Health Information  By Mitchell J. Rhein, Spilman Thomas & Battle, PLLC The ...

Impact of Autonomous Vehicles and On-Demand Economy

At 2016 Philly I Day, a presentation discussed how the combination of on-demand transportation services and autonomous vehicles could impact the risk landscape in the ...

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Featured author

Terry Bogyo

Terry Bogyo

Terry is an active researcher, speaker and commentator on workers compensation issues. Now retired, he was the Director of Corporate Planning and Development for WorkSafeBC. His responsibilities included environmental scanning, strategic planning and inter-jurisdictional comparisons. Terry says of himself: I am a student of workers’ compensation systems. Many years ago I discovered two things about this area. First, workers’ comp and OH&S are of vital importance to people. Protecting, caring for and providing compensation to workers are important, noble and morally responsible endeavors. The second thing I learned was that no matter how much I knew about workers' comp/OH&S, there was always so much more to learn. This is an endlessly challenging area of study. My purpose, therefore, is not to lecture, but to reflect on the ideas and issues that are topical in this area... and to invite others to share in a learning experience. By adding your knowledge and insights, others with similar interests can participate in the discovery and study of this important domain.
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