|
larson's on future medical payments |
|
 High Threshold Exists to Stay Payment of Future Medical Benefits, by Thomas A. Robinson, JD. In two consolidated cases, quoting Larson's Workers' Compensation Law, the Alaska Supreme Court recently held that in order to stay the payment of future medical benefits ordered by the state's Workers' Compensation Board, the employer must show the existence of the probability that the appeal will be decided adversely to the compensation recipient. Construing AS 23.30.125(c), the court acknowledged that the "probability of success on the merits" was a high threshold and that the employer often could not recover overpaid benefits in all cases; nevertheless, there were good reasons to treat medical care, especially medical care sought in the first two years following an injury, as similar to "periodic disability payments on which an employee relies as a salary substitute." The court reasoned that...read more about this case and other cases on Employee Status, Retaliatory Discharge, and Disfigurement.
|
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
Privacy & Security Copyright © 2013 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. |
Update From the Benefits Review Board
