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Court Of Appeals Rejects Carrier’s Challenge To Settling Around Workers’ Compensation Lien

A valiant effort by a California workers’ compensation carrier to make it more difficult for an employee to argue employer fault and settle around a workers’ compensation carrier’s statutory lien and right of reimbursement fell on deaf ears recently, when the California Court of Appeals rejected the notion that the workers’ compensation carrier has adequate standing to challenge . . .



Prepare For A ‘Tsunami’ Of Long-Covid Disability Claims

More than 40 million Americans have been diagnosed with Covid-19, and research suggests that between a quarter to a third of them will develop long-haul Covid, a mysterious illness characterized by persistent symptoms that include severe fatigue, cognitive impairment, and respiratory problems that may leave more than 20% of patients unable to return to work.

The Return From Afghanistan And Workers’ Comp Claims

Nothing about the U.S. decision to pull out of Afghanistan has been easy. The impact has been felt around the globe, and the long-term ramifications are still to be determined. For the insurance industry, one of the unexpected areas affected by the withdrawal involves workers’ compensation claims.
October 20, 2021 Workers' Compensation




Plain Language, Practice, Or Policy?

Do not make bad case law. We hear this from our mentors, our supervisors, at our continuing education seminars. We appeal bad rulings knowing that, in Georgia and some other jurisdictions, appeals are discretionary for workers’ compensation claims.
September 27, 2021 Workers' Compensation





Medicare And Marijuana: Preserving Settlements In the Face Of Evolving Laws

In an interesting case out of the Commonwealth Court of Pennsylvania, Lehigh Specialty Melting Inc. v. Workers Compensation Appeal Board, Lehigh appealed an order of the state’s Workers Compensation Appeal Board that would have caused the unwinding of an otherwise finalized workers’ compensation settlement agreement that included a Centers for Medicare and Medicaid Services (CMS)-approved Medicare Set-Aside (MSA) with an injured worker.
September 3, 2021 Litigation Workers' Compensation