Court Mandates MSA Incorporation into Workers’ Compensation Settlement

An injured worker settled his workers’ compensation claim out of court.  The settlement terms included a provision that a Medicare Set-Aside (“MSA”) be submitted to... More

Allowing Defective Cylinder to be Refilled was Negligent, but not Intentional

Plaintiff, an employee of Airgas-Southwest, Inc., was injured when his co-worker attempted to refill a cylinder with compressed gas because the co-worker was unaware... More

New District Director for the Sixth Compensation District

Kristina Hall, a longtime Claims Examiner in the Jacksonville office of OWCP, has been named as the new District Director for the Sixth Compensation... More

Astronomical Hospital Mark-Ups Results in Higher Premiums

A study posted in the Journal of Health Affairs concluded that many U.S. hospitals will often charge ten times the cost of a procedure – a... More

Manifest Error Standard Proves Difficult to Overcome

Claimant suffered a work accident on January 8, 2013 in which she fell out of her office chair injuring her left shoulder.  It was... More

Taxi Service Rebuts Presumption that one of its Drivers was an Employee

La. R.S. 23:1044 states that “[a] person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to... More

Crackdown on Prescription Drug Abuse

The Drug Enforcement Administration (DEA) and other federal and state agencies are cracking down on doctors writing prescriptions in exchange for cash.  On May... More

D.C. Circuit Rules No Intentional Tort Exception Under Defense Base Act

On June 2, 2015, the United States Court of Appeals for the District of Columbia Circuit ruled that there is no intentional tort exception... More

Uncontradicted Testimony Insufficient to Prove Work-Related Accident

The Fifth Circuit Court of Appeal of Louisiana recently affirmed a workers’ compensation judge’s order denying a claimant’s claim for workers’ compensation benefits on... More

Social Media Evidence in Workers’ Compensation Litigation

Electronically stored evidence of social media usage is a powerful tool that can be used to support or undermine claims and defenses.  Social media... More