Workers' Compensation

Recent Posts

Connecticut: Arbitration Decision Adverse to Discharged Employee Does Not Bar Separate Retaliatory Discharge Action
Posted on 13 Jul 2018 by Thomas A. Robinson

A former employee should be permitted to pursue a claim under against a former employer for retaliatory discharge under Conn. Gen. Stat. § 31-290a, in spite of the fact that the former employee’s union filed a grievance that was submitted to... Read More

Webinar Stresses Use of Mediation in California Workers' Comp
Posted on 21 Nov 2011 by LexisNexis Workers' Comp Law Newsroom Staff

"Mediating Workers' Comp Claims, Liens and Other Disputes" is the topic of a free webinar on Dec. 1 from WorkCompCentral Education, the company announced today. Former Oakland Presiding Judge George Mason and longtime workers' comp... 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 P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding...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

California Workers' Comp Case Roundup (12/2/2012)
Posted on 2 Dec 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 11 Nov. 2012 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

Vermont Workers' Compensation Update: April to June 2014
Posted on 3 Jul 2014 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. DEPARTMENT DECISIONS Brodeur v Energizer Battery Manufacturing, Inc. , Opinion No. 6-14 (Apr. 2, 2014). Treating... Read More

Virginia: Arbitrator’s Award of Lien Reimbursement to Comp Insurer Need Not Be Shared With Injured Worker
Posted on 1 Apr 2016 by Larson's Spotlight

Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds... Read More

California: Former Union Member Not Bound to Arbitration for His Work Injury Claim
Posted on 3 Jun 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

In what appears to be a case of first impression, the issue before a WCAB panel was whether an employee, who was a former union member, could be bound to arbitration. In Chamberlain v. Irwin Industries, Inc ., 2013 Cal. Wrk. Comp. P.D. LEXIS –... Read More

Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim
Posted on 13 Mar 2015 by Larson's Spotlight

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... Read More

United States: Employment Agreement Clause Requiring “Christian Mediation” in Retaliation Civil Action is Valid
Posted on 25 Aug 2017 by Thomas A. Robinson

An arbitration clause in a two-page employment contract that provided for the resolution of disputes by "following the biblical pattern of Matthew 18:15-17," and which also stated that any unresolved disputes would be submitted to "Christian... Read More

Customer, Not Applicant, Deemed Initial Physical Aggressor Despite Lack of Physical Contact: Cal. Comp. Cases September Advanced Postings (9/11/2014)
Posted on 11 Sep 2014 by California Compensation Cases Staff

Here are the second and third batches of advanced postings for September 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... Read More

Rhode Island: Workers’ Comp Act Trumps CBA’s Arbitration of Reinstatement Disputes
Posted on 9 Mar 2017 by Thomas A. Robinson

Rhode Island’s Workers’ Compensation Court has exclusive jurisdiction concerning reinstatement disputes. Accordingly, where a union member employee sustained a serious ankle injury, underwent surgery 10 months later, did not request a leave... Read More

Opt-Out Lessons From Lone Star State
Posted on 7 Apr 2016 by Thomas A. Robinson

Shining the Real Light on So-Called Texas Opt Outs By Thomas A. Robinson, co-author Larson’s Workers’ Compensation Law As Lex Larson and I point out in the opening article in Workers’ Compensation Emerging Issues Analysis , 2015... Read More

Arbitrator Rules For Kansas City Chiefs: Players Must Pursue Workers’ Comp in Missouri, Not California
Posted on 1 Mar 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Former Kansas City Chiefs football players cannot seek California workers' compensation benefits under the rationale that their cumulative injuries occurred in various cities and states. Numerous injured NFL players have filed workers' compensation... Read More

Federal Judge Dismisses Miami Dolphin’s Lawsuit Against Former Player for Filing State Workers Comp Claim
Posted on 4 May 2011 by LexisNexis Workers' Comp Law Newsroom Staff

A U.S. Magistrate Judge has ruled that former Miami Dolphin’s wide receiver Kendall Newsom was not prohibited by his contract and the NFL’s collective bargaining agreement from filing a workers’ compensation claim in Pennsylvania for... Read More

Arbitrator Rules For Kansas City Chiefs: Players Must Pursue Workers’ Comp in Missouri, Not California
Posted on 1 Mar 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Former Kansas City Chiefs football players cannot seek California workers' compensation benefits under the rationale that their cumulative injuries occurred in various cities and states. Numerous injured NFL players have filed workers' compensation... Read More