Case File According to the Idaho Supreme Court, the state's Workers' Compensation Law did not authorize an employer to file a complaint for compensation or income benefits with the commission. Simply Research subscribers have access […]
State Snapshot State Snapshot California Exclusivity Rule BASIC RULE In California, workers’ compensation is the exclusive remedy for employees whose injuries arise out of and in the course of employment. This means that, in most […]
Case File In Kentucky, after a change in workers' compensation coverage, which insurer is responsible for paying workers' compensation benefits? According to the Kentucky Supreme Court, timing is everything. Simply Research subscribers have access to […]
What Do You Think? In New York, employees who stretch the truth or outright lie about the extent of their injuries can lose their workers’ compensation benefits. A case involving a former Rite Aid employee […]
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 […]
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 […]
Do You Know the Rule? West Virginia applies the “increased risk” test to determine whether a worker’s injury arises out of employment and is thus potentially compensable. The test helps a decisionmaker determine whether the […]
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 […]