Workers' Compensation

Recent Posts

New Jersey: Exclusive Remedy Rule Does Not Bar Tort Action under State Discrimination Law
Posted on 3 Aug 2021 by Thomas A. Robinson

Where a teacher filed a tort claim against her employer alleging violations of New Jersey’s Law Against Discrimination (LAD), contending that the employer had failed to accommodate her pre-existing disability, her action was not barred by the exclusive... Read More

United States: SC Plaintiff Must Show More Than Mere Proximity in Time to Support Retalia-tory Discharge Claim
Posted on 30 Jan 2021 by Thomas A. Robinson

Construing South Carolina law, a federal district court held that a plaintiff's mere showing of proximity in time between her injury and her termination was insufficient to support a claim of retaliatory discharge. Interpreting S.C. Code Ann. §... Read More

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

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

California Workers’ Compensation Case Roundup (3/31/2016)
Posted on 31 Mar 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 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

Applicant’s Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016)
Posted on 11 May 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the May 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

California Workers’ Comp Cases Roundup (6/1/2016)
Posted on 1 Jun 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 5 May 2016 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

Missouri: “Show Me” the Comp Files
Posted on 18 Feb 2014 by Martin Klug

Missouri is back in the news as the Senate and Governor once again debate whether it is reasonable for an employer to be able to promptly determine if a job applicant has prior open or closed worker’s compensation cases. There they go again.... Read More

California: Do Collective Bargaining Agreements Preempt Labor Code Section 132a?
Posted on 20 May 2016 by Brad Wixen

Undercurrents and Future Currents: Bargaining Outside the Law in Labor Code Section 132a By Brad Wixen, Esq. In the case of Salazar v. Leprino Foods , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the facts are straightforward. The employer was found after... 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