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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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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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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Could (Would) I Write you a Recommendation Letter?

• 01/10/19
• Judge David Langham

A unanimous Florida Supreme Court decided Inquiry Concerning a Judge NO. 18-108 RE: Deborah White LaBora on November 15, 2018. It is worthy of consideration. Worthy, because the basic topic, ...
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Rousmaniere: Where will injuries occur in 2022?

• 01/09/19
• Peter Rousmaniere

Workforce growth in the United States is barely 1% a year. Work injury frequency continues to decline. Where can an insurer or TPA look to find any growth in business that is not by taking it away from ...
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CMS Updates WCMSA Reference Guide and NGHP User Guide

• 01/09/19
• Heather Schwartz Sanderson

Yet another indication that The Centers for Medicare & Medicaid Services (CMS) intends to make Medicare Secondary Payer (MSP) enforcement a priority in 2019: both the WCMSA Reference Guide and NGHP User ...
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