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
When Red Flags Just Can’t be Overlooked
The purpose of the Georgia Workers Compensation Act is to provide immediate medical care and wage replacement or income benefits for injured workers. But once these “red flags” are present the question arises: What can I do to stop this type
Returning Injured Workers to Work in Georgia
Written by: Daniel Richardson, Esq. The longer an employee stays out of work, the less likely they are to ever return. And workers compensation claims become increasingly expensive when employees do not return. To manage this exposure, it is imp
Sea Change Court Ruling on Settlements of Workers’ Compensation Cases in South Carolina
Written by: Dan Addison, Esq. South Carolina recently had a sea change shift in settlements involving workers’ compensation claims, as well as the procedural nature of Mediations of any workers comp case. In a recent decision from the South Ca
Florida’s One-Time Change Provision & Consequences for Employer/Carrier Failure to Act
Written by: Rayford H. Taylor, Esq. In Florida, a failure by an employer/carrier to promptly grant an employee’s change of physician deprives the employer/carrier of the right to select the doctor, as once again, Florida courts have been c
OSHA & Whistleblower Complaints: Wells Fargo Ordered to Pay $22 Million
Written by: Daniel Richardson, Esq. As employers seek to provide a safe workplace, it is imperative that no retaliatory action be taken against employees who choose to exercise their rights under the Occupational Safety and Health (OSH) Act or o
North Carolina Court of Appeals Limits Seagraves Test: Implications for Employers
Written by: Laura Gregory, Esq. Recently, the North Carolina Court of Appeals issued a holding that declined to extend the Seagraves test, which is used by courts to determine whether an employee constructively refused suitable employment when t