Workers' Compensation

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New Jersey: Residential Status Alone Insufficient to Confer Jurisdiction for Claim Involving Extraterritorial Injury
Posted on 31 Jul 2019 by Thomas A. Robinson

A New Jersey appellate court held that while residential status may certainly be considered in determining whether the Garden State has a sufficient interest in a worker’s claim regarding an extraterritorial injury, it is insufficient on its own... Read More

Pennsylvania: Court Refuses to Apply Extraterritorial Jurisdiction for Injury Occurring in New Jersey
Posted on 18 Jan 2019 by Thomas A. Robinson

Where Pennsylvania and New Jersey were joint owners of a bridge crossing the Delaware River between Philadelphia and Camden and claimant, a Pennsylvania resident hired by a subcontractor to perform painting and lead abatement services on the bridge and... Read More

Nebraska: Nonresident Corporation, With Limited Contacts, is Not an “Employer”
Posted on 18 Jan 2019 by Thomas A. Robinson

Where a Washington seafood corporation recruited workers in Nebraska, hosting them at a hotel conference room, and completing drug testing on those who were hired, but performed no actual work in Nebraska and did not frequently have employees either as... Read More

New York: Employee/Independent Contractor Status Must be Determined by Board
Posted on 28 Nov 2018 by Thomas A. Robinson

A New York appellate court recently ruled that a state trial court was beyond its powers when it determined that an injured worker was an independent contractor and not an employee. Such a determination was for the state’s Workers’ Compensation... Read More

North Carolina: Subject Matter Jurisdiction Can Be Raised at Any Time
Posted on 15 Aug 2018 by Thomas A. Robinson

A challenge to a court’s jurisdiction can be offered at any time, held a North Carolina appellate court. Accordingly, in a wrongful death action filed by the administratrix of a young woman’s estate against the deceased’s employer, that... Read More

California Workers' Comp Case Roundup (8/8/2018)
Posted on 8 Aug 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 7 July 2018 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... Read More

California UR/IMR Process: Form Over Substance?
Posted on 5 Jun 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Injured worker’s IMR application denied for being 1 day late In Avila v. University of California Irvine Medical Center , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order, which denied the applicant’s appeal of... Read More

California Official Medical Fee Schedule: Another Death of the Extraordinary Circumstances Exception Post-2004
Posted on 4 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Garcia v. E Recycling of California, Zurich North America , 2015 Cal. Wrk. Comp. P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding... Read More

No California Jurisdiction Over Pro-Athlete Entertainer Found: Cal. Comp. Cases Advanced Postings (10/27/2016)
Posted on 24 Oct 2016 by Robin E. Kobayashi

Here’s the latest batch of advanced postings for the November 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All... Read More

New Jersey Bans Medical Providers From Charging Claimants for Work-Related Medical Expenses
Posted on 23 Nov 2012 by John Geaney

New Jersey, like many states, has had an ongoing problem with physicians and hospitals that balance bill injured workers for work-related care. This problem has become more acute in the age of managed care reductions where medical providers dispute the... Read More

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)
Posted on 28 May 2015 by California Compensation Cases Staff

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and... Read More

Holiday Roundup…… And a Fall From a Keg in Delaware
Posted on 5 Dec 2014 by Cassandra Roberts

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... Read More

New Jersey: Phone Call Offer of Employment to NJ Residence Sufficient to Support Jurisdiction for Out-of-State Injury
Posted on 27 Apr 2017 by Thomas A. Robinson

An employer and employee created an employment arrangement in New Jersey where the evidence indicated the employee, after filing an online application with a New York company, initially received a phone call at his home to arrange an employment interview... Read More

California Workers' Comp Case Roundup (1/8/2015)
Posted on 8 Jan 2015 by California Compensation Cases Staff

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... Read More

California Workers' Comp Case Roundup (11/8/2017)
Posted on 8 Nov 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 2017 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... Read More