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W. Va. Delivery Driver’s Bid for 2nd MRI Comes Up Short on Preexisting Injury, MMI Conclusions
W. Va. Delivery Driver’s Bid for 2nd MRI Comes Up Short on Preexisting Injury, MMI Conclusions

Charleston, WV (WorkersCompensation.com) -- What happens in West Virginia when a doctor thinks an injured worker needs a second MRI, but the claims administrator disagrees? If Stewart v. Wolseley Investments Inc., No. 22-0215 (W. Va. […]

  • Sep 22, 2023
  • Frank Ferreri
Chart View: Texas Offset Against Payments for Incapacity
Chart View: Texas Offset Against Payments for Incapacity

Austin, TX (WorkersCompensation.com) -- In Texas, when it comes to workers' compensation coverage for government employees and employees of political subdivisions, state law sets forth offsets against payment for incapacity, as the following chart breaks […]

  • Sep 21, 2023
  • Frank Ferreri
$19K Settlement After Garage Falls on Worker Keeps Him from Suing Employer
$19K Settlement After Garage Falls on Worker Keeps Him from Suing Employer

Fall River, MA (WorkersCompensation.com) -- The trade off that comes with workers' compensation benefits typically means that an injured worker who settles a claim can't turn around and sue in tort for the same injury. […]

  • Sep 19, 2023
  • Frank Ferreri
Documentation Doesn’t Support Laborer’s Request for Opioids
Documentation Doesn’t Support Laborer’s Request for Opioids

Charleston, WV (WorkersCompensation.com) -- Whether medication is necessary is a medical decision, but for workers' compensation purposes, it is also a legal question, often with a court having the final say. For example, in Becca […]

  • Sep 17, 2023
  • Frank Ferreri
Form Focus: Nev. Reports From, Communication With Medical Providers
Form Focus: Nev. Reports From, Communication With Medical Providers

Las Vegas, NV (WorkersCompensation.com) -- In Nevada, form C-4, Employee's Claim for Compensation/Report of Initial Treatment, grants authorization for the disclosure of medical or other pertinent information with an original signature or digital signature. Here […]

  • Sep 13, 2023
  • Frank Ferreri
What Do You Think: Could Yacht Club Worker Sue Under Federal Admiralty Law?
What Do You Think: Could Yacht Club Worker Sue Under Federal Admiralty Law?

Los Angeles, CA (WorkersCompensation.com) -- There is federal law that governs what happens on navigable waters, but when does it apply to workers' compensation law? Such was the question a California appellate court recently tackled […]

  • Sep 12, 2023
  • Frank Ferreri
Case Lesson: Del. Top Court Overturns Precedent, Allows Subrogation Lien
Case Lesson: Del. Top Court Overturns Precedent, Allows Subrogation Lien

Overruling Simendinger v. National Union Fire Insurance Co., 74 A.3d 609 (Del. 2013), the Delaware Supreme Court decided that the state's workers' compensation law expressly allowed an employer and carrier to assert a subrogation lien […]

  • Sep 12, 2023
  • Frank Ferreri
Glossary Check: Wash. Contractor, Electrician Exclusions to ‘Worker’
Glossary Check: Wash. Contractor, Electrician Exclusions to ‘Worker’

Tacoma, WA (WorkersCompensation.com) -- Knowing who a "worker" is can be an important part of a workers' compensation claim and, by a flip of the coin, so can knowing who is not. In the State […]

  • Sep 06, 2023
  • Frank Ferreri
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