Workers' Compensation

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Minnesota: Discrimination Claim Under State Human Rights Act May Proceed
Posted on 8 Mar 2019 by Thomas A. Robinson

A divided Supreme Court of Minnesota held that a firefighter may proceed against his employer for its alleged discrimination under Minnesota’s Human Rights Act (“HRA”) in spite of the fact that he had already received workers’... Read More

Hawaii: Employer’s Decision to Fill Injured Worker’s Position 10 Months After Injury Was not Discriminatory
Posted on 4 Oct 2018 by Thomas A. Robinson

An employer who waited 10 months after an employee’s work-related injury to fill the position and who offered the employee a number of positions when she sought post-recovery employment did not discriminate against the employee “solely because”... Read More

Idiopathic Seizures in a Post-SB 899 World: Cal. Comp. Cases January Advanced Postings (1/13/2012)
Posted on 13 Jan 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: IDIOPATHIC SEIZURES IN A POST-SB 899 WORLD Lexis.com subscribers can link to the case to read the complete summary. Harris Ranch Inn... Read More

Missouri: Appeals Court Remands Retaliation Claim by State Employees
Posted on 13 Apr 2012 by Martin Klug

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could... Read More

California: The Right to Discovery vs. Privacy and Privilege
Posted on 10 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative... Read More

2015 Update from the Benefits Review Board
Posted on 11 Jun 2015 by BRBS Longshore Reporter Staff

By Karen Koenig, Associate General Counsel, Longshore Division, U.S. Department of Labor, Washington, D.C. BRB Personnel News The membership of the Benefits Review Board has changed quite a bit in the past year. Judge Betty Jean Hall, who has been... Read More

Waiting to Exhale: Employee Firing for Off-Duty Medical Marijuana Use
Posted on 24 Jul 2014 by Roger Rabb

How Will the Colorado Supreme Court Decide Coats v. Dish Network? In a case being closely watched nationwide, the Colorado Supreme Court will address for the first time an important issue for employers and employees in the state: whether an employer... Read More

California Workers' Comp Case Roundup (11/8/2017)
Posted on 8 Nov 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 2017 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 Workers' Comp Case Roundup (11/1/2014)
Posted on 1 Nov 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 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... Read More

Applicant Dropped Off On Skid Row Justified Penalties: Cal. Comp. Cases February Advanced Postings (1/30/2013)
Posted on 31 Jan 2013 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the February 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. TIG... Read More

Attorney’s Fee Against $1.1M Lien Recovery Not Allowed: Cal. Comp. Cases May Advanced Postings (5/16/12)
Posted on 16 May 2012 by California Compensation Cases Staff

Here’s the next batch of advanced postings for the May 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. Rafael... Read More

Missouri: Employee Need Not Show Comp Claim Was Exclusive Factor in Retaliatory Firing
Posted on 18 Apr 2014 by Larson's Spotlight

A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing... Read More

New Jersey: Employment Contract Clause Limiting Statute of Limitations Is Ineffective Against Employee
Posted on 16 Jun 2016 by Larson's Spotlight

In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be... Read More

California: Changes to FEHA Pose New Liability Risks in Workers’ Compensation Cases
Posted on 2 Aug 2013 by Elizabeth Ashley Stonhaus

By Elizabeth Ashley Stonhaus, Schmit Law Offices Employers face increasing liability in the wake of California’s 2013 amendments to its disability discrimination regulations, since the provisions have contributed to a growing overlap between... Read More