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Archive | April, 2013

An ALJ Cannot Order Reimbursement Between Carriers on a Closed Claim

Posted by: Clay Thornton, Esq. In Tennapel v. Bowie Resources, W.C. Nos. 4-779-040 & 4-844-545 (ICAO, April 5, 2013), the claimant suffered an industrial injury with the first employer, and that claim became closed pursuant to final admission. Subsequently, the claimant suffered a similar injury with a subsequent employer. At this point, an IME opined […]

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Statutory Cap Does Not Apply Until the Act Permits Respondent to Terminate Temporary Disability Benefits

Posted by: Clay Thornton, Esq. In United Airlines v. Industrial Claim Appeals Office , 2013 COA 48, 12CA1443 (COCA) (March 28, 2013), the claimant suffered an admitted injury and the employer admitted for temporary disability benefits. Temporary disability benefits were ended when the claimant was released to return to work. At this point in time, […]

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Benzodiazepines and Barbiturates Now Included in WCMSAs

Effective June 1, 2013, the Centers for Medicare and Medicaid Services (CMS) will require all Workers’ Compensation Medicare Set-aside Agreements (WCMSAs) include the cost of a claimant’s benzodiazepine and barbiturate prescription medications. This change is likely to increase the cost of WCMSAs significantly, since there are many drugs falling under the benzodiazepine or barbiturate classes […]

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Proposed Legislation Changing Time to Respond to Division IME Report

Section 8-43-203(2) currently requires respondents to either file an admission of liability consistent with a Division IME physician’s opinion or request a hearing challenging that opinion within thirty days of the date of mailing of the report from the Division IME physician. However, the deadline for respondents to take action has been made uncertain due […]

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