06/23/2004
. Many of the problems were unforeseen.
During the reform effort of 1993 for example it was thought that giving the treating physician's medical opinion a presumption of correctness would save money and time by removing an issue that previously was subject to costly litigation.
"To the
Category: News
06/11/2004
treatment guideline presumption; medical networks; the medical-legal process; disability benefit issues including PD determinations and apportionment; return to work vocational rehabilitation and the supplemental job displacement benefit; and penalties.
The manual also contains additional
Category: News
06/04/2004
dramatically slowed the adjudicatory process at the Boards because cases are being taken off calendar and otherwise delayed to allow for this new evidence.
Another cause of slowdowns at the Board is the repeal of the Primary Treating Physician presumption. Cases that had been submitted for decision said
Category: News
06/02/2004
was used in the consensus process which ended with two of the
three randomly selected readers interpreting the x-rays
submitted to them as not evidencing pneumoconiosis. In applying
the statutory presumption of correctness to the two negative
readings the Administrative Law Judge noted that "p
Category: News
05/13/2004
3169 amends several provisions relative to workers' compensation including the provisions relating to the presumption that certain injuries were caused by drug or alcohol consumption the general construction in favor of an employee in interpreting workers' compensation laws and the limitations on
Category: News
05/10/2004
the highest of the 12 states which may relate to Florida's unusual standard for permanent total disability PTD benefits. Under Florida law there was a presumption that a worker who is eligible for Social Security Disability Income SSDI benefits is permanently and total disabled; actual receipt of
Category: News
05/10/2004
debate on apportionment
1 Limit the bar against "retroactive" prophylactic restrictions.
2 Preclude receipt in excess of 100 PD by a single claimant for the same body part of the lifetime of that claimant.
3 Create a presumption that a permanent disability will continue to
exist at the
Category: News
05/05/2004
treating physician presumption; require benefit review conferences; and eliminate repetitive motion injury claims among other significant changes.
WCC
Category: News
04/28/2004
center school.
Generic drugs must be used whenever available.
Testimony from the treating physician would have a presumption "for rating purposes only." A disagreement entitles the employer to a second opinion and the WCC would then select either opinion or split the difference.
Except
Category: News
04/26/2004
Include
A Look At Recent Case Law Employment law implications of VR Changes; Penalties
Medical Treatment Issues The Basics; Presumption-PTP & ACOEM Guidelines; Kunz En Banc Opinion; Penalty Relating to Medical Management Decisions and ACOEM; UR & 2nd Opinion Spinal Surgery Rules and
Category: News