Senator Kennedy declares that a workers' compensation claim for carpal tunnel syndrome should not require genetic testing. US Senate Releases Genetic ...

 While retaining jurisdiction, the NJ Appellate Division remanded a case that was lingering for 10 years back to the Compensation Judge for an explanation on the record or in writing within 16 days. The Appellate Court stated, “…we do not know why petitioner’s claim did not get a hearing for so many years.”

  The National Council on Compensation Insurance (NCCI) released its annual “State of the Line” preliminary workers compensation market analysis.

The Health and Safety Executive (HSE) has published updated statistics on work related mesothelioma deaths in Great Britain. The statistics show how the risk of death from mesothelioma for different occupational groups compares to the average risk for all occupations together. 

Medical Expenses Continue to Soar in Workers' Compensation Claims.

We hold the Workers’ Compensation Appeals Board (the Board) may not allow joinder of a new party after the expiration of the one-year statute of limitations for the filing of a serious and willful misconduct claim. (Lab. Code, § 5407.) Accordingly, we annul the WCAB order in this case that permitted joinder.

US District Court Judge Alvin Hellerstein ruled that that the September 11th Victims Compensation Fund (Fund) was not unconstitutional. The Fund was enacted 11 days after the tragedy of September 11th

Asbestos Verdict in California Case Worries Insurers A jury verdict in California may lead to a wave of new asbestos litigation that would greatly increase costs for insurance companies,industry experts and plaintiffs' lawyers said yesterday.  

The need for worker's compensation for employees of common carriers engaged in interstate commerce is essentially what it was when the Sutherland Commission(1) unanimously reported in 1912 in favor of a Federal workmen's compensation legislation for employees of common carriers by railroads engaged in interstate and foreign commerce, for accidents sustained in the course of such commerce.(2) The events of the intervening years have only served to emphasize the superiority of workmen's compensation to employers' liability.

 The desirability of one type of economic and social security-compensation for injury to employees--was recognized more than 40 years ago in the United States. Radical changes in industry had gradually accentuated the inconsistency and injustice of the common law of negligence, under which it was extremely difficult for an employee to obtain redress for an injury. Attempts to correct the defects by enactment of employers' liability statutes created a very complicated situation and provided numerous rules based upon diversified and conflicting reasoning. Employers' liability legislation afforded the injured employee or the dependents a theoretical opportunity to collect damages for the loss in earning power, but for every case in which comparable damages were received, there were many in which nothing at all was recovered, and a large percentage of all allowable compensation went to the lawyers.

 CASE: SURVELLIANCE VIDEO NOT RELEVANT TO DEMONSTRATE ERROR. Convicted felon held totally disable. Smith v. Polk (1sD Ct App. FL 4.16.03) 

In America, workers have less protection than all other citizens. All other citizens can sue anyone who injures them and their damages are not arbitrarily limited. Many would argue that the injured worker has superior rights because he must only prove that the injury was caused by the workplace, whereas all others must prove the fault of the wrongdoer.

 A Paterson school teacher verbally assaulted by another teacher was entitled to receive workers’ compensation benefits, including temporary disability and medical treatment, according to a ruling issued by the NJ Appellate Division. The ruling affirmed the trial court’s decision that allowed benefits to the injured educator. 

 In 1929, thirty-five contractors bid on a privately built hydro-electric dam project in West Virginia that required a three-mile-long tunnel dri...

The Victim Compensation Fund is a special program implemented to provide financial compensation to victims of the attacks on the United States on September 11, 2001. 

 CMS (Centers for Medicare and Medicaid Services) issued a 2nd memorandum expanding its potential involvement in compensation matters in an effor...

Payment under Medicare may not be made for any item or service when payment has been made or can reasonably be expected to be made for such item or service under a workers' compensation (WC) law or plan of the United States or any state. If it is determined that Medicare has paid for items or services that can be or could have been paid for under WC, the Medicare payment constitutes an overpayment.  

I have said repeatedly, the workers’ compensation system is broken. Today, I am here to tell you that we are fast approaching the point of no return, meaning if we do not hunker down and make the tough decisions to reform this system now, we face imminent disaster in workers’ compensation. My friends, there is no option, but to control the costs in the system. 

 

A state appeals court ruled Monday that a Kennedy High School teacher is entitled to receive workers' compensation and medical benefits for psychological trauma caused by a co-worker's verbal attack. 

 **Cases - Reported --Medical provider's failure to pursue an administrative remedy barred a subsequent common law action for indemnification. A...