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Delaware Top Court Sends UIM Case Back for Henry II Application
Delaware Top Court Sends UIM Case Back for Henry II Application

Case File Determining whether a workers' compensation carrier had subrogation rights to a claimant's subsequent UIM award required a determination of whether the award was "boardable" under Delaware Supreme Court caselaw from the so-called Henry […]

  • Nov 20, 2025
  • Frank Ferreri
Nev. Corrections Officer Can’t Escape Exposure Requirement for Presumption Purposes
Nev. Corrections Officer Can’t Escape Exposure Requirement for Presumption Purposes

Case File A Nevada presumption did not create a standalone category of compensable lung disease that would eliminate a corrections officer's need to show exposure, according to the state's top court. Simply Research subscribers have […]

  • Nov 19, 2025
  • Frank Ferreri
Calif. Court Clarifies Steps for Disputing Utilization Review Decisions
Calif. Court Clarifies Steps for Disputing Utilization Review Decisions

Case File A California court made clear that irrespective of the reasons why a treating physician selects a particular duration of treatment in a request for authorization, the request is subject to utilization reviews and […]

  • Nov 17, 2025
  • Frank Ferreri
Utah Top Court Clarifies what ‘Payable’ Means for Underinsured Motorist, Workers’ Comp Overlap
Utah Top Court Clarifies what ‘Payable’ Means for Underinsured Motorist, Workers’ Comp Overlap

Case File In a case that Simply Research subscribers have access to, Utah's top court explained that the state's legislature intended that a claimant who wants to seek the type of benefits workers’ compensation provides […]

  • Nov 07, 2025
  • Frank Ferreri
Delay in Mailing Means Change in Imputed Earning Capacity for Maine Corrections Officer
Delay in Mailing Means Change in Imputed Earning Capacity for Maine Corrections Officer

Case File Because an ALJ's decision imputing earning capacity based on the state's minimum wage in 2023 didn't get sent to the parties until 2024, the Appellate Division determined that a revision was due to […]

  • Nov 01, 2025
  • Frank Ferreri
Seeing 2 Babies Die after Unsuccessful CPR Attempts Supports Pa. Firefighter’s Claim
Seeing 2 Babies Die after Unsuccessful CPR Attempts Supports Pa. Firefighter’s Claim

Case File Although performing CPR on people, including children, who might not pull through isn't beyond what a firefighter might expect on the job, witnessing the deaths of two babies in a 16-month period following […]

  • Oct 30, 2025
  • Frank Ferreri
Seasonal Layoffs don’t Equal ‘Seasonal Employee’ for Maine AWW Purposes
Seasonal Layoffs don’t Equal ‘Seasonal Employee’ for Maine AWW Purposes

Case File Is an employee who experiences intermittent layoffs due to the seasonal nature of his job a "seasonal" worker under Maine law? Not necessarily, and Simply Research subscribers can read the full text about […]

  • Oct 21, 2025
  • Frank Ferreri
Lowe’s Worker Hammers Down Medical Benefits Despite Claiming Only Jesus Could Help
Lowe’s Worker Hammers Down Medical Benefits Despite Claiming Only Jesus Could Help

Case File After sustaining an injury from a toppling load, an employee for Lowe's had a somewhat rocky relationship with a doctor treating her, eventually holding up a picture of Jesus and declaring that he […]

  • Oct 19, 2025
  • Frank Ferreri
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