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UPS v. West: Now That’s a Bargain!

By Marcus A. Roland, Esq. UPS Airlines v. West, No. 2010-CA-001433-WC (Ky. App. 2011) : A benefit plan as identified under KRS 342.730(6) is not "exclusively employer funded" if it is the product of collective bargaining. In this to-be-published decision, the Kentucky Court of Appeals...

Severance Agreement Waiving Workers’ Comp Benefits Not Valid: Cal. Comp. Cases November Advanced Postings (11/10/2011)

Featured Case of the Week: Severance Agreement Waiving Workers' Comp Benefits Not Valid Sompo Japan Insurance Company of America (formerly known as Yasuda Fire & Marine Insurance Company, c/o Broadspire, a Crawford Co.), insurer for Canon Business Solutions, Inc., Petitioner v. Workers'...

Larson’s Spotlight on Recent Cases: Trauma Induced Stroke in Fall From Wheelchair Not Compensable Aggravation of Original Injury

Larson's Spotlight on Aggravation of Original Injury, Credit for Pension Benefits, and Injuries Related to Medical Treatment . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Insurer Entitled to Credit for Third Party Recovery in Porta-Potty Injury Case: Cal. Comp. Cases May Advanced Postings (5/12/12)

Here’s the next batch of advanced postings for the May 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Pedro Gonzalez, Petitioner v. Workers' Compensation Appeals...

Larson’s Spotlight on Recent Cases: Contribution/Indemnity Defense in Third Party Suit When Employer Hires Illegal Alien

Larson's Spotlight on Contribution, Firefighter's Rule, Safety Device, and Credit. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NY: Employer...

Life After DACA: Obtaining a Social Security Number, Transferring Your Credit History, and Rescinding your ITIN

"DREAMers with deferred action are eligible to apply for a SSN and should transfer their existing credit history to that number. Additionally, DREAMers must also contact the IRS to rescind their existing ITIN as an individual cannot have an ITIN and Social Security number at the same time."...

Virginia: Credit for Claimant’s Incarceration Limited to When Employer’s Petition Filed

Upon a claimant’s conviction and sentencing, the employer is entitled to a credit under Va. Code §§ 65.2-510.1(A) and -708(A), but not from an earlier date when the claimant was incarcerated while he awaited trial, held a Virginia appellate court recently. The court added that under Va...

SSA Finding of Disability Used to Apply Conclusive Presumption of Dependency: Cal. Comp. Cases October Advanced Postings (10/4/2013)

Here’s the second batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City and County of San Francisco...

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Employer 90 Percent at Fault for Applicant’s Burn Injuries: Cal. Comp. Cases April Advanced Postings (4/16/2014)

Here’s the fourth batch of advanced postings for the April 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Illinois Midwest Insurance Agency...

Flu Shots for Employees: Don’t Hurry Through the Screening Process During Employer-Provided Inoculations

California employer found not negligent in connection with employee’s negative reaction to flu vaccination. Workers’ compensation insurer was entitled to $414,000 credit from third-party recovery by injured employee again flu vaccination manufacturer. Reversing a decision by a California...

S&P: Climate Change is a Global Mega-Trend with an Impact on Sovereign Creditworthiness

On May 15th, 2014, Standard & Poor’s Rating Services issued Climate Change is a Global Mega-Trend for Sovereign Risk , a report about the potential impacts of climate change on sovereign credit ratings of countries around the world. In its report, S&P explains how the costs of inaction...

Texas: State Supreme Court Answers Complex Question as to Credit Allowed to Carrier in Third Party Action with Multiple Beneficiaries

Under Texas law, consistent with that in the large majority of states, a workers’ compensation carrier has a subrogation interest in a third-party civil action to the extent of its prior payments for benefits and to treat the amount recovered as an advance against the carrier’s future payment...

Minnesota: School District Not Entitled to Credit for Benefits Paid Via Government-Service Pension Plan

An industrial arts teacher and volleyball coach, who was awarded PT disability benefits related to a work-related incident, is entitled to receive both the disability benefits paid pursuant to the workers’ compensation law and the benefits he was entitled to receive via a government-service pension...

California: Apportionment Precluded Under Anti-Attribution Provisions of Labor Code 4663(e)

In Zuniga v. County of Los Angeles , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel held that an applicant deputy sheriff was entitled to two periods of Labor Code § 4850 and temporary disability benefits (one for industrial injury to his knees, spine, cardiovascular system, and in the form...

State Net Capitol Journal – November 17, 2014; High Court Considers Double Taxation Issue

Budget & Taxes HIGH COURT CONSIDERS DOUBLE TAXATION ISSUE: The U.S. Supreme Court heard arguments last week in a case involving a Maryland couple who sued that state over how it taxed the income they earned outside the state. The couple alleges Maryland's practice of offering only a partial...

Defendant Entitled to Credit for Applicant’s $5M Third-Party Settlement in Plumbing Explosion: Cal. Comp. Cases January Advanced Postings (1/21/2015)

Here’s the fourth batch of advanced postings for the January 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Jeffrey White , Petitioner v....

Money, Dirt & Steel: 2014-2015 NC Real Property Litigation Update

A snapshot of noteworthy cases from the past year related to lending practices, property rights and construction in North Carolina By Gib Laite , Partner, and Andi Matt , Associate, Williams Mullen Money Lending: Comprehensive waiver language in loan workout documentation may “cure”...

Defendant Penalized for Prematurely Taking Credit Against Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/11/2015)

Here’s the third batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Warner Bros. Studios, Inc., PSI, Petitioner...

California Federal Court Rules ‘No Surcharge’ Law Unconstitutional

A federal district court in California, [ enhanced version available to lexis.com subscribers ], has ruled that a state law prohibiting retailers from imposing a surcharge on credit card purchases placed an unconstitutional restriction on the retailers’ freedom of speech and is unconstitutionally...

No Due Process Violation in Deferring Third-Party Credit Issue Until After Case-in-Chief Resolved: Cal. Comp. Cases July Advanced Postings (7/22/2015)

Here’s the fifth batch of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace American Insurance Company (administered...

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of the tort claim nunc pro tunc under N.Y. Workers’...

Supreme Court Slams The Brakes On Challenge To Disparate Act

By Donald Kaufman and Emily Hart* As of now, the Equal Credit Opportunity Act (ECOA) prohibits dealers from unintentional, or “disparate impact,” discrimination in setting dealer reserves in auto financing. This disparate impact can result from policies or practices which have disproportionately...