Epic New Prime

• 01/20/19
• Judge David Langham

That headline sounds like the title of a new Transformers movie. But, alas, it is merely a reference to another discussion of the law. (curmudgeon in the gallery "what does the law have to do with workers' ...
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Are Workers' Compensation Benefits Protected Against the Rising Cost of Living?

• 01/18/19
• Terry Bogyo

The cost of living (almost always) goes up year over year.  If your earnings aren’t keeping pace, something has to give.  In the short run, you might be able to carpool more, eat ...
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Update on NY Work Comp Drug Formulary

• 01/17/19
• Mark Pew

I had the privilege today of speaking at the New York Self-Insurers Association annual meeting in Manhattan. But this blogpost isn’t about my session on medical marijuana along with Renee E. Heitger ...
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Cascading Errors and Our Own Humanity

• 01/17/19
• Judge David Langham

I advocate that judges should prepare orders. My feelings about how lawyers and parties seek relief are as clear. The Rules of Procedure for Workers' Compensation Adjudications are consistent with both of ...
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Claims Success: Taking the Road Less Traveled

• 01/16/19
• Heather Keeling and Mark Walls

  Advances in healthcare technology have led to significant improvements in emergency medical care for injured workers. Injuries that were once considered fatal are now survivable. Industry attitudes ...
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Dissing Daubert?

• 01/15/19
• Judge David Langham

In 2016, I penned To D or not to D? That It appears is the Question. The evolution of constraints on evidence in Florida legal proceedings has been an interesting one. It has come to the fore again ...
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How do you Handle Pain?

• 01/14/19
• Mark Pew

This week I want to highlight three different articles, all focusing on different ways to treat pain. The first article is about a study done to show how fear may affect the amount of pain we are in. The ...
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Empty Preemption of Workers' Compensation: Parallels Between the Hanford Nuclear Facility and Air Ambulance Disputes

• 01/14/19
• Michael C. Duff

I am interested in conflicts between federal and state law in the context of workers’ compensation. And I am especially interested in a phenomenon I have called “empty preemption”: when ...
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CMS’ Updated WCMSA Reference Guide Emphasizes Importance of Satisfying MSP Obligations

• 01/10/19
• Jean S. Goldstein

Earlier this week, the Centers for Medicare & Medicaid Services (CMS) issued a revised Workers’ Compensation Medicare Set-Aside (WCMSA) reference guide, which we first alerted our readers ...
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