TENACITY OF THE ENEMY
February 23, 2023
All philosophers, who find Some favourite system to their mind, In every point to make it fit, Will force all nature to submit. – Headlong
All philosophers, who find Some favourite system to their mind, In every point to make it fit, Will force all nature to submit. – Headlong
A Haiku for the poetry of worker’s compensation, and the two sides of the COVID-19 presumptions: 2020’s ruse COVID-19 hangover Presumption guarded As we approach
The Case Brief this month deals with the poetry of apportionment faced with a presumption. Only an Oxfordian court could torture the promulgation of a
This month our Case Briefs deal with violence and criminal actions in a workers’ compensation case. The poetry of violence is incorporated into the framework
Obtaining a zero MSA takes careful thought and consideration, just like all aspects of a workers compensation case. However, Defendants should be particularly prudent because an underfunded zero MSA account will ultimately be defendant’s medical treatment liability.
The Applied Materials case is a history of worker’s compensation theory and application since 1983 starting with Le Beof, then Western Growers and going through Hikida and resting with Fitzpatrick. The bottom line is that the system failed this injured worker by having an unprofessional physician handle the treatment for this applicant; the rest is left for history.
. . . an on-the-job injury, although caused by an idiopathic seizure of the employee, will be found to arise out of and in the course of employment and that the employment need not pose a unique danger to the worker in order for that injury to be compensable.
Perhaps all of us can take a step back from the crazy volume of paper, phone calls and email that we
receive each day and appreciate that we truly are part of a larger picture and that performing our roles
competently and accountably can positively touch individual lives as well as our shared society as a
whole.
An untimely UR decision does not require automatic authorization of the requested treatment.
