Worker’s Compensation › Labor & Employment Law › Health Law

California Legislative Committees Considering Insurance Bills

Numerous insurance-related bills have been introduced in the California Legislature this year. Legislative committees are now conducting hearings on the various measures. This year’s regular legislative session will end on...more

Another Health Insurance/Disability Insurance Coverage Issue

I recently blogged about an employer who continued health insurance coverage for an employee on short term disability in contravention of the health plan document. The employer lost its stop-loss coverage for health claims...more

Southeastern Legislative Updates - August 2012

In This Issue: - Alabama Employment-Related Legislation - Mississippi Employment-Related Legislation - North Carolina Employment-Related Legislation - Tennessee Employment-Related Legislation - Washington, D.C....more

The Impact of State Laws Limiting Malpractice Awards on the Geographic Distribution of Physicians

This study examines the impact of State legislation that caps damage awards in malpractice cases on decisions of physicians about where to practice medicine. Twenty-four States now have laws that limit damage payments in...more

SEIU WEST, Locals 333 and 299 and Laura Marchessault and Extendicare (Canada) Ltd.

Arbitration Award

Award concerning the interpretation of collective agreement clause providing up to one year of top-up to 100% of salary of Worker's Compensation benefits ought to be limited to one calendar year, or one year of total...more

The Privacy Dangers in Workers’ Comp

It can be easy to take the privacy of your personal medical information and private life for granted when no one is actively nosing around in them. But if you get injured at work, you may find your privacy invaded by...more

If I Suggest A Referral Doctor’s Name To My Current Doctor Does That Break The Chain Of Referral?

Under the Illinois Worker’s Compensation Act, if there is no “Preferred Provider Program” in place with your employer, then you are entitled to two choices of doctor. What this really means is that you are entitled to have...more

Nurses and Attendants at Risk for Low Back Injuries

Back injuries, followed closely by shoulder injuries, are the most common job-related injuries for my clients in the nursing field. Nurses, and those employed as nursing attendants are at high risk for these injuries...more

China's Social Security Implementing Rules Are In Force - What's Next

Regulations requiring foreign workers in China to enroll in its social security system are now in effect but the situation is complicated by differing levels of compliance and enforcement by local authorities. In cities that...more

The Company is sending me to their doctor! Do I have to go?!

The short answer in Illinois is yes. Under the Illinois Workers’ Compensation Act, the Employee has the right to treat with a doctor of their choice. However, the Employer can have the injured worker evaluated by a doctor...more

EEOC Finalizes Updates To Disability Regulations In Response to ADA Amendments Act

Employers should review and update their existing employment and employee benefit practices in response to updated regulations (Final Regulations) governing the disability discrimination rules of the Americans With...more

Workplace First Aid - Resonsibility or Liability?

OSHA requirements regarding first aid, and analysis of reasons a company should use to decide whether or not to have trained first aid providers....more

The First Steps You Need to Take When you Suffer an Injury At Work

If you are injured on the job, you may be entitled to benefits, including medical care, under the Illinois Workers’ Compensation Act. However, in order to establish that you have a valid workers’ compensation claim there...more

Case Study: Bilateral CTS and Workers’ Compensation

Repetitive motion injuries Repetitive motion injuries result from the repeating tasks required by certain jobs. It is also referred to as RSI or Repetitive Strain Injuries or Repetitive Stress Injuries and involves the...more

Help! My FCE Is Invalid

The FCE (functional capacity evaluation) often serves to let the physician off the hook on trying to please both his patient and the insurer on the issue of work release restrictions. The insurer may be pressuring the doctor...more

Is Carpal Tunnel Syndrome Covered?

While there are no recent statistics, I know from my experience that the majority of claims filed by injured workers in Nevada for carpal tunnel syndrome are initially denied. Carpal tunnel syndrome presents as numbness,...more

5 Secrets to Overcoming the Drag Factor

Buzzwhack.com has coined the term drag factor for a person, issue, or process that delays a key decision. More injured workers cite the drag factor and their frustration caused by unnecessary or excessive delay in getting...more

Study: Job Stress Strongly Associated With Obesity, Illness

In this recession, everyone knows how easy it is to get laid off, and how hard it is to find another job. The economy has pushed workplace stress levels to their highest level in decades. Now, workers' compensation,...more

Health Insurance v. Workers' Comp Claim

An injured worker asks, "Is it wrong for my employer to urge me to use my health insurance to get medical treatment for my back that was hurt at work instead of me filing a workers' comp claim?" Yes, it is absolutely wrong...more

Show Me the Money for My Work Injury!

Most people who call me about their Nevada workers' compensation claims tell me that they just want to get decent medical treatment and get on with their lives. They usually say something about not pursuing a claim just to...more

Injured Workers- Educate Yourselves!

Let's face it. The insurers and employers have a huge advantage over the injured worker who is caught in the claims process, because they know the rules and you don't. And if you are a carpenter or a bricklayer, or a nurse,...more

What Happens When? PPD Awards and Voc Rehab Buy-Outs

I have included a graphic to clarify what happens when the treating doctor tells the injured worker that he is "stable and ratable". I have divided injured workers who are stable and ratable into two groups, depending on...more

Conversation with a Vocational Rehabilitation Counselor

I sat down recently with seasoned vocational rehabilitation counselor Jeff Shea to discuss how the depressed local job market was affecting Nevada's injured workers who are referred for vocational rehabilitation services....more

FMLA Questions and Answers for Nevada Injured Workers

Q: What is FMLA? A: FMLA is The Family and Medical Leave Act of 1993, a federal law that requires employers of 50 employees or more to grant up to 12 weeks of unpaid protected job leave to eligible employees for certain...more

Medical, Vocational and Disability Benefits: What Rights To Medical, Vocational, and Disability Benefits Does an Injured Employee...

A: Medical Benefits: The employer is liable to the Employee for “reasonable” and “necessary” medical treatment resulting from a job-related injury. This liability for medical treatment is limited only by the requirement...more