LexisNexis® Legal Newsroom
Arkansas: Former Employee’s Attempt to Cure Untimely Filing of Claim With Separate Filing of Civil Action Was Unsuccessful

In a split decision, the Supreme Court of Arkansas recently issued a writ of prohibition in a civil action filed by a former employee against his former employer for damages associated with his bladder cancer that he contended arose from exposure to harmful elements within the workplace. The employee...

4th DCA Rejects Appeal of McKinley En Banc Decision: Cal. Comp. Cases August Advanced Postings (8/7/2013)

Here’s the second batch of advanced postings for the August 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. Dennis McKinley, Petitioner v. Workers'...

Iowa: Trial Court Has Jurisdiction to Hear Emotional Distress Claim Associated With Whistle-Blowing Activity

An Iowa appellate court recently affirmed, in relevant part, a trial court's denial of defendants’ motion for judgment N.O.V., and for new trial, after a jury returned a verdict in favor of plaintiff on his claim of intentional infliction of emotional distress and the trial court ruled in plaintiff's...

Three Professional Athlete Jurisdiction Decisions: Cal. Comp. Cases October Advanced Postings (10/18/2013)

Here’s the fourth 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. Milwaukee Bucks, Federal Insurance...

Stipulation to Reserve Jurisdiction Upheld: Cal. Comp. Cases December Advanced Postings (11/26/2013)

Here’s the second batch of advanced postings for the December 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. Verizon Communications, American...

California: Appellate Court Rules Minimum Contacts w/CA Not Sufficient for WC Benefits

The 2nd District Court of Appeal has issued a ruling reversing a finding by the W.C.A.B. that a professional athlete who played 1 of 34 games in California in her final year of playing professional sports was eligible for workers’ compensation benefits. In Federal Insurance Co (Chubb) v W.C.A.B...

Contract for Hire in California, Drug Testing, Corporate Umbrella: Cal. Comp. Cases January Advanced Postings (1/4/2014)

Here’s the first batch of advanced postings for the January 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. ACIG Insurance Company, insurer...

California Workers' Comp Case Roundup (1/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 12 December 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

Injury Occurring After Termination Covered by Comp: Cal. Comp. Cases January Advanced Postings (1/10/2014)

Here’s the second batch of advanced postings for the January 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. Charter Communications, Inc., New...

Airplane Head Injury, Zone of Danger, Sudden and Extraordinary: Cal. Comp. Cases January Advanced Postings (1/15/2014)

Here’s the third batch of advanced postings for the January 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. SNCC for Lam Research Corporation...

WCAB’s Role in Distribution of 3rd Party Settlement Proceeds: Cal. Comp. Cases March Advanced Postings (3/11/2014)

Here’s the third batch of advanced postings for the March 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. Albert Carrabello, Petitioner v....

California: Judges and Jurisdiction - Where to Draw the Line

The primary purpose of the newly created Independent Medical Review (IMR) process is to review medical treatment (MT) disputes and issue determinations. SB863 added LC §4610.6 (i) to the Labor Code, which states in pertinent part, “In no event shall a workers’ compensation administrative...

Tampa Bay Buccaneers Liable for Benefits for Pro Athlete Who Played Single Game in California: Cal. Comp. Cases May Advanced Postings (5/20/2014)

Here’s the fifth batch of advanced postings for the May 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. Tampa Bay Buccaneers, PSI, administered...

California WCAB Jurisdiction: Oral Contract Was Made in California When Professional Athlete Resided in California

Professional athlete’s contract of hire deemed made in California, this despite actual contract signed out-of-state and out-of-state contingencies performed In Royster v. NFL Europe , 2014 Cal. Wrk. Comp. P.D. LEXIS – (Appeals Board noteworthy panel decision), the WCAB affirmed the WCJ’s...

California: Medical Lien Discovery Practice and In Camera Review

WCAB provides guidance on the discovery of corporate and financial documents and the right of privacy with respect to a medical lien In Garcia v. Arun Enterprises dba Subway , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, granting the defendant’s petition for removal, reversed the WCJ’s...

Holiday Roundup…… And a Fall From a Keg in Delaware

The above depicts what has evolved into the annual Workers’ Compensation Holiday Beer Swap. Not sure if Dr. John Townsend was in attendance last night, but I have it on good authority that when he participates, there is at least one case of wicked good and wildly expensive beer involved. Way to...

Physician Self-Referral Statute Doesn’t Apply to Inpatient Surgical Procedures (12/12/2014)

Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Warner Bros. Studio Facilities, Inc...

California: IBR Not Applicable to Pre-1/1/13 Medical Billing Disputes

The 4th District Court of Appeal has issued a decision raised to it on a question on the “retroactive” application of the Independent Bill Review provisions of SB 863 and whether the legislature intended to remove from the W.C.A.B. jurisdiction to address bill disputes that existed prior...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

California Workers' Comp Case Roundup (1/8/2015)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 12 December 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

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....

Illinois: Workers’ Comp Commission Has No Jurisdiction to Determine Dispute Related to Attorney Referral Agreements

Where one attorney referred workers’ compensation cases to another attorney, who represented the claimants before the Workers’ Compensation Commission, the Commission did not have jurisdiction to resolve any issue related to the referral fee owed to the first attorney since the dispute did...

California: A Post-Dubon II Game Changer?

An interesting argument has been raised: Should an applicant be allowed to rebut the MTUS guidelines before the WCAB? In McFarland v. The Permanente Medical Group, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel, affirming the WCJ, held that pursuant to Dubon v. World Restoration, Inc...

Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim

An employment agreement that required arbitration of all employment disputes between a staffing company and a truck driver did not violate public policy by requiring that the driver’s claim of retaliatory discharge be submitted to arbitration, rather than be determined by a court, held a Florida...

California: WCAB Affirms Medical Treatment in the Form of Sleep Number i8 Bed

In Carnes v. Auto Zone, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s order that the defendant authorize medical treatment in the form of a Sleep Number i8 bed based on the reporting of the applicant’s treating physician, Eldan Eichbaum, M.D. The parties...