Florida Court Clarifies When a Workers’ Compensation Carrier’s Subrogation Lien Should be Calculated Following a Third-Party Settlement
In the recent case of Liberty Mutual Insurance Company v. Robert A. Lee, et al., Case No.: 6D2023-2377, the Florida Court of Appeals ruled that a workers' compensation carrier's subrogation lien should be calculated following a third-party settl
A Georgia Court of Appeals Decision on Justifiable Refusal of Light Duty Based on COVID-19 Concerns
Attorney Daniel Richardson dives into the latest on Taylor v. Argos, USA. The central issue was whether the employee should have been awarded TTD benefits when he refused to return to work in a light-duty capacity, and his refusal to return was
South Carolina Workers’ Compensation Case Law Update Series, Part III: Brailey v. Michelin North America
The South Carolina appellate courts have been faced with several questions on workers’ compensation in recent months, producing opinions that will affect practice points and claims handling in defending workers compensation claims. This series
Red Solo Cup
In Simmons et al. v. Solo Cup Operating Corporation, the Georgia Court of Appeals recently issued an opinion in a case involving a wrongful death claim that highlights critical questions about employer responsibilities and safety protocols.
South Carolina Workers’ Compensation Case Law Update Series, Part II: Contreas v. St. John’s Fire District Commission
The South Carolina appellate courts have been faced with several questions on workers’ compensation in recent months, producing opinions that will affect practice points and claims handling in defending workers compensation claims. In this ser
South Carolina Workers’ Compensation Case Law Update Series, Part I: Brooks v. Benore Logistics Systems, Inc.
The South Carolina appellate courts have been faced with several questions on workers’ compensation in recent months, producing opinions that will affect practice points and claims handling in defending workers compensation claims. In this ser
2024 Proposed Board Rule Changes in Georgia Workers’ Compensation
The State Board of Workers’ Compensation in Georgia has recently posted several proposed rule changes, which it expects to take effect starting July 1, 2024...
Centers for Medicare and Medicaid Services Proposes Changes Under Section 111
CMS has clarified its plans to amend Section 111 relating to workers' compensation settlements, announcing its plan to change its TPOC under Section 11 and increase the CMP to be imposed on reporting entities.
Concurrent Jurisdiction in Workers’ Compensation Claims
Workers’ compensation is, at its core, one of the more state-specific areas of the law. Each state legislates its own statutes and regulations and operates its own administrative body, often very differently...
New Panel, Same Rules
If a workers’ compensation claim was a one-act play (and oftentimes it seems it is), the panel of physicians would be the main character. For employers and insurers, the goal is to make sure the panel is the hero of the show rather than the an