| Recovery of Costs, Attorney's Fees, and Interest in Workers' Compensation Actions |
|
| Generally, parties in workers' compensation actions are responsible for their own attorney's fees and costs. The amount of attorney's fees that can reasonably be charged to a claimant in pursuing his claim for benefits is specifically outlined in many state statutes. For example, some states will cap attorney's fees at a specified dollar amount; others will cap such fees at a designated percentage of the amount recovered as benefits by the claimant. More... |
|
|
| Traveling Employees |
|
| Generally, if an employee is required to travel as a part of his employment, he is covered by workers' compensation for the duration of the trip. There is a distinct exception to this rule when the employee markedly departs from the business trip to attend to a personal matter. In those jurisdictions following the majority rule for compensability above, an employee will usually be covered for an injury resulting from, for example, sleeping in a hotel or eating in a restaurant. More... |
|
|
| "Past Relevant Work" in Social Security Disability Evaluation |
|
| In determining an individual's entitlement to social security disability benefits, his ability to perform past relevant work will be examined. As part of the evaluation process, the individual's residual functional capacity (RFC) is determined. If the RFC assessment shows that the individual can either perform the actual duties of his past jobs or that he can perform the duties of his past occupations as generally required by employers throughout the United States, he will not be considered disabled. More... |
|
|
| Adult Consultative Examination Reports |
|
| When an adult Social Security Disability Insurance claimant fails to provide, or provides inadequate, medical information to make a "disability" determination, the Social Security Administration (SSA) will request that a consultative examination (CE) be performed. The claimant's treating physician or an independent medical source may perform the CE. When the CE has been completed, a report must be provided to the SSA that meets the minimum requirements specified by the SSA. More... |
|
|
| Insurance Carrier Liability and Workers' Compensation |
|
| Compensation Third-Party Litigation) More... |
|
|