The Texas Division of Workers' Compensation stepped into the case of Jane Hays last Friday, issuing an Interlocutory Order requiring Texas Political Subdivisions (TPS) to start paying her benefits, including indemnity payments and “reasonable and necessary medical care”. The extremely rare order was given after the TPS denial of her claim received national media attention.…
A Note From Dana Point
Technically, as I write this I am not in Dana Point. Rather, I am on a plane bound for Dana Point and the annual California Workers’ Compensation and Risk Conference that is running from today through October 2nd. I am scheduled to appear on a bloggers panel this Thursday. I’ve done numerous “National Bloggers” panels…
For Texas Carrier and Workers' Comp, the Cost of Outrageous Denial is High
A former workers' comp regulator texted me a story out of Texas this morning. It describes the case of 73-year-old Jane Hays, who in the twilight of a long insurance career suffered major injury in a car crash while driving home from a meeting called by the same insurance company that is now denying her…
Fun with Dick Inane
I was on vacation last week in Vermont, counting Subarus, eating maple flavored everything and generally minding my own business, when I got an email from a friend in the industry. His email contained a link to an article's comments where he and I had been publicly besmirched by a disgruntled compster who has never…
On Friendly Vermont and 100 Years of Workers' Comp
All was quiet on the Cluttered Desk last week, as I took a few days off to enjoy the beautiful mountain air of the State of Vermont. I traveled there with my wife, honored to be the Luncheon Keynote speaker for the 100th Anniversary Workers’ Compensation Conference, produced by the Vermont Department of Labor and…
Communication Lessons From a Workplace Injury at Bob Evans Farms
Last week I wrote about a personal experience I had with a server who had recently had an on the job injury at a restaurant I frequent. She had injured her knee, and was off the job for a number of weeks. The story centered on her description of “the workers' comp people” as being…
The South Shall Rise Again: Alabama Court Stays Firm on Erectile Dysfunction
Our friends at the Alabama Workers Comp Blawg have reported on a case that will certainly raise your attention, if nothing else. An employer in the Yellowhammer State recently filed a Petition for Writ of Mandamus asking that a decision by the Circuit Court of Mobile County be overturned. That court had granted a request…
For Injured Restaurant Server, Delay Defines Workers' Comp
My father in law has been a widower for many years, and since he lives alone my wife and I try to meet him for a meal out a couple times a week. One of those meals has turned in to a regular event, and we meet him early every Sunday morning for breakfast before…
Law Enforcement Lives Matter
There is a war occurring in this country, and the body count is growing. It is a conflict borne of racial and societal strife; sown in the depths of economic and class disparity, and, quite frankly in my opinion, tacitly encouraged by the highest offices in the land. It is misguided and irresponsible, and tears…