Medicare statute doesn’t preempt state comp law 
Published: May 22, 2013
Tags: Medicare, Medicare Secondary Payer statute, workers' compensation
The Medicare Secondary Payer Statute does not preempt a state law requiring a workers’ compensation claimant to obtain preauthorization before incurring certain medical expenses, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Workers’ comp disclaimer barred personal injury suit
Published: May 2, 2013
Tags: disclaimer, liability waiver, premises liability, slip and fall, workers' compensation
An employee waived her right to sue her employer’s customers for negligence when she signed a workers’ compensation disclaimer at the time she was hired, the Pennsylvania Supreme Court has ruled in affirming a dismissal.
VA may intervene in workers’ comp proceeding
Published: May 2, 2013
Tags: reimbursement, U.S. Department of Veterans Affairs, VA, veterans, workers' compensation
The U.S. Department of Veterans Affairs (VA) could intervene in the workers’ compensation proceeding of a veteran in order to ensure payment for medical care provided for a work-related injury, the Missouri Supreme Court has ruled in reversing judgment.
Benchmarks: Croc-wearing nurse gets comp for idiopathic fall
By:
Pat Murphy
Published: May 2, 2013
Tags: Crocs, idiopathic injury, workers' compensation
A nurse will be receiving workers’ compensation benefits for an unexplained fall at work after the Tennessee Supreme Court turned a blind eye to the fact that she was wearing Crocs in violation of workplace rules.
Suicide attempt compensable under Longshore Act
Published: April 12, 2013
Tags: Longshore and Harbor Workers' Compensation Act, suicide, workers' compensation
A dock worker who injured himself in a suicide attempt may be entitled to benefits under the federal Longshore and Harbor Workers’ Compensation Act, the 9th U.S. Circuit Court of Appeals has ruled in reversing an administrative denial of benefits.
Benchmarks: Comp recipient didn’t forfeit benefits by ‘working’
By:
Pat Murphy
Published: March 11, 2013
Tags: fraud, workers' compensation
An employer thought it had caught a supposedly disabled employee dead to rights when a private investigator’s surveillance video showed the employee working at her boyfriend’s herbal remedies store.
But a state top court decided Friday that her workers’ compensation benefits were safe because she hadn’t “knowingly” engaged in fraud.
Comp exclusivity may not bar wrongful death suit
Published: February 15, 2013
Tags: negligent design, workers' compensation, wrongful death
An employer could be sued for the wrongful death of an employee under the theory that it was the successor of the entity that caused the accident, the South Carolina Supreme Court has ruled in answering a certified question from a U.S. District Court.
Benchmarks: Heart attack at work isn’t compensable
Published: January 28, 2013
Tags: heart attack, workers' compensation
An Idaho prison guard will not be receiving workers’ compensation benefits after failing to show that the plaque rupture that caused his heart attack was triggered by events that occurred after he arrived at work.
Attorney lien had priority over Medicaid claim
Published: January 24, 2013
Tags: attorney’s lien, disability benefits, Medicaid, workers' compensation
An attorney lien had statutory priority over a state’s lien for Medicaid reimbursement with respect to an award of workers’ compensation benefits, the Missouri Court of Appeals has ruled in reversing judgment.
Employer’s subrogation right limited in PI case
Published: January 22, 2013
Tags: negligence, subroga, workers' compensation
State workers’ compensation law did not allow an employer to recover the amount of future medical benefits to be provided to an employee from his personal injury settlement with a third party, the Tennessee Supreme Court has ruled in reversing judgment.
