Oakland, CA – Migraine Drugs represented less than 1% of all prescriptions dispensed to California injured workers in 2023 but they consumed 4.7% of workers’ compensation drug payments, a nearly...
COMPLEX EMPLOYMENT ISSUES FOR CALIFORNIA WORKERS' COMPENSATION A new softbound supplement to Rassp & Herlick, California Workers’ Compensation Law 284 pages PIN #0006801214509 For...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Just when you thought the right of “due process” was on the brink of destruction, the legislature...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Over the past several decades California has implemented broad legislative...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 9 September 2024 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
Where a Kansas worker injured his shoulder in a 2013 work-related injury and, in March 2015, injured the same shoulder in another work-related accident and where, because of language in the AMA Guides, 6th Edition (which applied to injuries after 1/1/2015), examining physicians were forced to issue 0% impairment ratings in spite of the fact that both testified that such an impairment rating was medically inaccurate and insufficient, the state’s mandatory use of the AMA Guides, 6th Edition under Kan. Stat. Ann. § 44-510d was unconstitutional. The Court held that there could be no adequate substitute remedy for an employee's right to sue his employer for negligence and potentially recover an award at common law, when there is no remedy provided the employee under the Workers Compensation Act. Under the Court’s ruling, the AMA Guides, 4th Edition must be used.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Pardo v. UPS, 2018 Kan. App. LEXIS 30 (June 1, 2018)
See generally Larson’s Workers’ Compensation Law, § 80.07.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law