Workers' Compensation

Recent Posts

Montana: No Bad Faith Action Allowed Despite Acquittal for Workers’ Comp Fraud
Posted on 21 Jul 2013 by Larson's Spotlight

The Montana Supreme Court recently held that a construction worker who was acquitted of charges that he had committed workers’ compensation fraud by, among other things, constructing and selling furniture to a private investigator may not maintain... Read More

Oklahoma: “Crafty Gamesmanship” Earns Insurer a Date in Court for Bad-Faith Failure to Pay
Posted on 2 Mar 2017 by Thomas A. Robinson

The Supreme Court of Oklahoma, in a divided decision, held that an employee could maintain a bad-faith action against a workers’ compensation insurer alleging that following an award of compensation benefits by the state’s Workers’ Compensation... Read More

Federal: Commercial Liability Insurer’s Investigation of Employment Status is Not “Bad Faith” Refusal to Pay
Posted on 13 Oct 2016 by Thomas A. Robinson

Where a worker sustained fatal injuries in a ditch cave-in and the worker’s widow filed a tort action against the owner of a masonry business alleging negligence, it was appropriate for the insurer under the business’ commercial general liability... Read More

Mississippi: In Bad Faith Case, Evidence of Insurer’s Actions Prior to Exhaustion of Administrative Remedies Was Admissible
Posted on 15 May 2015 by Larson's Spotlight

A Mississippi appellate court held that the requirement that an employee exhaust his or her administrative remedies before filing a lawsuit for bad faith refusal to pay for disputed medical services and supplies merely ensured that the state’s Workers’... Read More

Five Recent Workers’ Comp Cases You Should Know About (11/11/2011) – New York City Auditor Was Not Engaged in "Recovery" Activities Following 9/11 Attacks
Posted on 11 Nov 2011 by Larson's Spotlight

Larson's Spotlight on 9/11 Claim, Average Weekly Wage, Pain and Permanent Total Disability, Intentional Tort Claim, and Bad Faith. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

Iowa: No Claim for Bad-Faith Denial Could Be Maintained Where Insurer Had Reasonable Basis for Initial Denial
Posted on 22 Aug 2014 by Larson's Spotlight

Acknowledging that Iowa law recognized a common-law cause of action against an insurer for bad-faith denial or delay of insurance benefits, and the tort has been extended to include workers' compensation cases, an Iowa appellate court nevertheless... Read More

Larson’s Spotlight on Recent Cases: Court Dismisses Injured Workers' Tort Action Against Carrier for Five-Month Delay in Medical Benefits
Posted on 27 Jul 2012 by Larson's Spotlight

Larson's Spotlight on Bad Faith Insurance Tactics, Benefits During Incarceration, Borrowing Employer, and Injury and Causation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

The Texas Blueprint for How to Lower Workers’ Comp Costs
Posted on 16 Feb 2014 by Stuart D. Colburn

After continued implementation of the 2005 reforms to the Texas workers’ compensation system, and legislative review of the system in 2011, 2013 was a year in which system stakeholders and other interested parties were able to step back and evaluate... Read More

Larson’s Spotlight on Recent Cases: Uninsured Employers’ Fund and Insolvency of Employee Leasing Company’s Workers’ Comp Carrier
Posted on 19 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Uninsured Employers' Fund, Voluntary Withdrawal From Labor Market, Bad Faith, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Bad-Faith Failure to Pay Workers’ Compensation Benefits
Posted on 15 Mar 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Supreme Court of Oklahoma addresses “crafty gamesmanship” We have asked our expert in Oklahoma, Jacque Brawner Dean, Esq., at Jacque Brawner Dean Law, PLLC , about the recent decision in Meeks v. Guarantee Ins. Co . In that case, the Supreme... Read More

Texas Workers’ Compensation Update: 2015 and the Year Ahead
Posted on 6 Jan 2016 by Stuart D. Colburn

By Stuart D. Colburn, Esq., and Albert Betts, Jr., Esq., Co-Authors, Texas Workers’ Compensation Law This year marks an anniversary that will not be celebrated with a parade or even a mention on the local news. But it is significant to those... Read More

Cal. Comp. Cases June Advanced Postings (6/2/2011)
Posted on 3 Jun 2011 by California Compensation Cases Staff

Here's the first batch of advanced postings for the June 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Travelers Indemnity Company, insurer for Linear Technology... Read More

Will Common Law Bad Faith Survive in Texas? Texas Mutual Insurance Co. v. Ruttiger
Posted on 4 May 2010 by Stuart D. Colburn

On Wednesday, April 14, 2010, the Texas Supreme Court heard oral arguments in the case of Texas Mutual Insurance Company v. Ruttiger . This case made its way to the Supreme Court following a jury trial in Galveston County where Mr. Ruttiger recovered... Read More

Cal. Comp. Cases May Advanced Postings (5/11/2011)
Posted on 11 May 2011 by California Compensation Cases Staff

Here's the third batch of advanced postings for the May 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Pasadena Unified School District, PSI, administered by Corvel Corporation... Read More