Workers' Compensation

Recent Posts

Larson’s Spotlight on Recent Cases: Trauma Induced Stroke in Fall From Wheelchair Not Compensable Aggravation of Original Injury
Posted on 6 Apr 2012 by Larson's Spotlight

Larson's Spotlight on Aggravation of Original Injury, Credit for Pension Benefits, and Injuries Related to Medical Treatment . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Defendant Penalized for Prematurely Taking Credit Against Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/11/2015)
Posted on 11 Mar 2015 by California Compensation Cases Staff

Here’s the third batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved... Read More

SSA Finding of Disability Used to Apply Conclusive Presumption of Dependency: Cal. Comp. Cases October Advanced Postings (10/4/2013)
Posted on 5 Oct 2013 by California Compensation Cases Staff

Here’s the second 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... Read More

Severance Agreement Waiving Workers’ Comp Benefits Not Valid: Cal. Comp. Cases November Advanced Postings (11/10/2011)
Posted on 11 Nov 2011 by California Compensation Cases Staff

Featured Case of the Week: Severance Agreement Waiving Workers' Comp Benefits Not Valid Sompo Japan Insurance Company of America (formerly known as Yasuda Fire & Marine Insurance Company, c/o Broadspire, a Crawford Co.), insurer for Canon... Read More

California: Apportionment Precluded Under Anti-Attribution Provisions of Labor Code 4663(e)
Posted on 21 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Zuniga v. County of Los Angeles , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel held that an applicant deputy sheriff was entitled to two periods of Labor Code § 4850 and temporary disability benefits (one for industrial injury to his... Read More

Vermont: Employer Allowed Credit for Post-Injury “Wages” Paid under Collective Bargaining Agreement
Posted on 14 Jul 2016 by Larson's Spotlight

In a divided decision, the Supreme Court of Vermont held that an employer should have been allowed a credit against future workers’ compensation benefits owed to an injured worker where the worker’s claim was initially denied and the employer... Read More

California: Top 25 Noteworthy Panel Decisions (January-June 2016)
Posted on 29 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review... Read More

Maine: Employer Allowed Retroactive Credit for Portion of Payments Made While Claimant Received Social Security Benefits
Posted on 9 Feb 2018 by Thomas A. Robinson

In a case of first impression within the jurisdiction, a divided Maine Supreme Judicial Court held that the “coordination of benefits” provision in the state’s Workers’ Compensation Act, 39-A M.R.S. § 221(1) entitles an employer... Read More

No Due Process Violation in Deferring Third-Party Credit Issue Until After Case-in-Chief Resolved: Cal. Comp. Cases July Advanced Postings (7/22/2015)
Posted on 22 Jul 2015 by California Compensation Cases Staff

Here’s the fifth batch of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved... Read More

Applicant’s Cumulative Trauma Claim Not Time Barred: August Cal. Comp. Cases (7/27/2016)
Posted on 27 Jul 2016 by California Compensation Cases Staff

Applicant’s Cumulative Trauma Claim Not Time Barred: August Cal. Comp. Cases (7/27/2016) Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the... Read More

Minnesota: School District Not Entitled to Credit for Benefits Paid Via Government-Service Pension Plan
Posted on 22 Aug 2014 by Larson's Spotlight

An industrial arts teacher and volleyball coach, who was awarded PT disability benefits related to a work-related incident, is entitled to receive both the disability benefits paid pursuant to the workers’ compensation law and the benefits he was... Read More

Employer 90 Percent at Fault for Applicant’s Burn Injuries: Cal. Comp. Cases April Advanced Postings (4/16/2014)
Posted on 17 Apr 2014 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the April 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... Read More

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived
Posted on 7 Aug 2015 by Larson's Spotlight

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of... Read More

Employer’s Right to Credit in Third-Party Recovery Not Barred When Employer Not Aware of Hazardous Conditions: Cal. Comp. Cases October Advanced Postings (10/7/2015)
Posted on 8 Oct 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More