Workers' Compensation

Recent Posts

Texas: Family of Deceased Worker Fails to Maintain Gross Negligence Action Against Employer
Posted on 17 Jul 2019 by Thomas A. Robinson

Construing the special exception to the Texas version of the exclusive remedy rule—that the survivors of an employee may maintain a wrongful death action against the employer if the employee's death was caused by an intentional act or omission... Read More

Mississippi: Death Benefits May Be Subjected to Lien for Unpaid Child Support
Posted on 26 Apr 2019 by Thomas A. Robinson

In a deeply divided (5-4) decision, a Mississippi appellate court held that a deceased employee’s workers’ compensation death benefits could be subject to a lien for unpaid child support in spite of the fact that, prior to the employee’s... Read More

Larson’s Spotlight on Recent Cases: Injured Worker Rebuts Intoxication Presumption
Posted on 29 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Intoxication Presumption, Heart Attack, Arising Out of Employment, and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

The Defense of Intentional Self-Injury: Russian Roulette, Workplace Frustration, Accidental Drug Overdose, and More
Posted on 2 Mar 2012 by Larson's Spotlight

Rashness Versus Intention in Self-Injury Cases In a few cases, attempts have been made to invoke the intentional self-injury defense when, although the workers obviously did not really intend to harm themselves, their conduct was so rash that the defendants... Read More

Missouri: Noxious Smoke and Fumes at Work Caused Myelomas
Posted on 22 Mar 2012 by Martin Klug

Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety... Read More

Five Recent Workers’ Comp Cases You Should Know About (11/25/2011) – Climbing Over Guardrail and Jumping or Falling 60 Feet Was Not Within Course of Employment
Posted on 23 Nov 2011 by Larson's Spotlight

Larson's Spotlight on Statute of Limitations, Structured Settlements, Special Errand, Unexplained Fall, and LHWCA Maximum Weekly Rate. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

Missouri: Hair Dresser Killed at Salon Receives No Benefits
Posted on 21 Mar 2012 by Martin Klug

Claimant worked at a Kansas City, Missouri hair salon and cut hair. He was at home with his two small children in April 2009 when another hair dresser asked him to cover his appointments. When he arrived at the salon, an unknown robber shot him in the... Read More

South Dakota: Fatal Shooting in Employer’s Parking Lot Held Not Compensable
Posted on 26 Jul 2013 by Larson's Spotlight

The Supreme Court of South Dakota, affirming a decision by the state’s Department of Labor and Regulation, recently denied a death benefits claim filed by the personal representative of a woman shot and killed by her husband as she sat in her car... Read More

Neutral Risk Doctrine Applied to Render Claim Compensable: Cal. Comp. Cases March Advanced Postings (3/14/2012)
Posted on 14 Mar 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the March 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Kyong... Read More

Louisiana Workers’ Compensation Law Changes 2012
Posted on 28 Jun 2012 by Denis Paul Juge

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the... Read More

Larson’s Spotlight on Recent Workers’ Comp Cases: Oklahoma Key Workers’ Comp Reforms Ruled Unconstitutional
Posted on 29 Dec 2011 by Larson's Spotlight

Larson's Spotlight on Medical Examiners, Independent Contractor, Substantial Deviation, Methadone and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Workers' Comp Fraud Blotter (2/16/2012) – Maybe Three Is A Charm, Contractor Goes Straight To Jail After Three Busts
Posted on 17 Feb 2012 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Workers' Comp Fraud Blotter (4/19/2012) – Former Missouri Governor Pleads Guilty to Laundering Campaign Contributions
Posted on 20 Apr 2012 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Workers' Comp Fraud Blotter (6/28/2012) – Comment By Dad Leads To Painter’s Conviction For Double Dipping
Posted on 29 Jun 2012 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

The Year in Review: Top 10 Workers’ Comp Fraud News Stories
Posted on 7 Dec 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Workers’ compensation fraudsters come in all shapes and sizes. Here are 10 news stories from 2011 that caught our eye: 1. Grandpa Used Granddaughter to Sell His Workers' Compensation Drugs (OH) - Donald Fisher has pleaded guilty to one count... Read More