Key Cases Under Florida Statutes Sec. 440.13(1)(k), "medically necessary" or "medical necessity" is defined as any medical service or medical supply which is used to identify or treat an illness or injury, is appropriate to […]

What Do You Think? Under what circumstances can a Montana insurance carrier order a second IME? Does it have to first convince a court that it has good cause for doing so? A recent case […]

Key Cases Under Florida law, Section 440.185(1) provides: An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days […]

What Do You Think? Can a carrier that blows by a statutory deadline face a bad faith claim even if the worker ultimately isn’t entitled to benefits? An Arizona case addressed whether a carrier’s handling […]

Case File When a carrier accused a bricklayer of concealing prior injuries, the Workers' Compensation Board found the evidence failed to establish that the prior insurance claims actually involved the claimant. Case Matter of Loja-Saula […]

What Do You Think? Can the cumulative stress of long hours and frequent work travel turn a worker’s fatal cardiac event into a compensable workers’ compensation claim? What if the worker already had significant heart […]

Case File While an insurer included handwritten notations on two memoranda of payment identifying concurrent employment wages, the New Hampshire Supreme Court found the notations insufficient to constitute notice of a potential claim against the […]

Key Cases The best workers' compensation claims and the most desired litigated cases share something in common: The people footing the bill tend to like them best when they're over and done with. Thus, settlement […]