Workers' Compensation

Recent Posts

Delaware: Board, Not Trial Court, Must Decide if COVID-19 is Occupational Disease
Posted on 30 Aug 2021 by Thomas A. Robinson

A Delaware Superior Court held that it was for the state’s Industrial Accident Board, not the trial court, to determine whether COVID-19 was an occupational disease and, therefore, whether the plaintiff’s action against an employer for alleged... Read More

Illinois: Employment Contract’s “Last Act” Supplies Jurisdiction for Out-of-State Injury
Posted on 22 May 2021 by Thomas A. Robinson

A state appellate court affirmed a decision by the Illinois Workers’ Compensation Commission that found it had jurisdiction to consider the injury claim of an operating room nurse hired by an Illinois staffing company who suffered injuries while... Read More

Alabama: Employer and Employee May Not Confer Jurisdiction Over Claim by Agreement
Posted on 7 Mar 2021 by Thomas A. Robinson

Emphasizing that an employee may not ordinarily contract away his or her right to seek workers’ compensation benefits under the Alabama Workers’ Compensation Act, and stressing that an employer and employee could not limit the jurisdiction... Read More

Massachusetts: Court Adopts "Sufficient Significant Contacts" Test for Out-of-State Injuries
Posted on 21 Nov 2020 by Thomas A. Robinson

The Supreme Judicial Court of Massachusetts, in a case of first impression, adopted the "sufficient significant contacts" test for determining whether the Commonwealth had jurisdiction over an extra-territorial work-related injury. It held the... Read More

Florida: JCC Has No Jurisdiction to Order Reinstatement of Injured Worker's Personal Leave Account with Employer
Posted on 26 Jul 2020 by Thomas A. Robinson

A JCC's decision to deny claimant's request for temporary disability benefits on the basis that the claimant had received full pay during the period from the claimant's bank of accumulated sick time was error, held a Florida appellate court... Read More

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

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. and Lexis Advance subscribers can link to the case to read the complete headnotes and... 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. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All... Read More