Workers' Compensation

Recent Posts

Federalization of Workers’ Comp: Politics, Opt-Outs and Survival of the State-Based Status Quo
Posted on 19 Feb 2016 by Karen C. Yotis

By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter A chronicle of workers’ compensation in the United States tells the story of a persistent (but failing) federal advocacy that gives... Read More

Opt-Out Lessons From Lone Star State
Posted on 7 Apr 2016 by Thomas A. Robinson

Shining the Real Light on So-Called Texas Opt Outs By Thomas A. Robinson, co-author Larson’s Workers’ Compensation Law As Lex Larson and I point out in the opening article in Workers’ Compensation Emerging Issues Analysis , 2015... Read More

Workers’ Comp Agency Declares Oklahoma Opt-Out Statute Unconstitutional
Posted on 29 Feb 2016 by seemlessweb

The Oklahoma Workers’ Compensation Commission’s decision may ultimately have set up a collision between ERISA preemption and the Oklahoma State Constitution By Michael C. Duff, Assoc. Dean of Student Programs and External Relations, and... Read More

Five Recent Workers’ Comp Cases You Should Know About (9/9/2011) - Worker Fails to Show Wage Loss, Asbestosis Claim Fails
Posted on 9 Sep 2011 by Larson's Spotlight

Larson's Spotlight on Asbestosis, Subrogation, Joint Employee, Pension, and Intentional Misrepresentation . 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

8 Myths and Facts About Workers’ Compensation (August 2016)
Posted on 19 Aug 2016 by LexisNexis Workers' Comp Law Newsroom Staff

The LexisNexis Legal Newsroom Workers’ Compensation Law has interviewed leading experts from different segments of the workers’ compensation industry to tell us some common myths and facts about workers’ compensation. Note that the myths... Read More

Tackling the Elephant in the Room: Exclusive Remedy
Posted on 12 Mar 2015 by LexisNexis Workers' Comp Law Newsroom Staff

How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin... Read More

Oklahoma Opt Outs and ERISA
Posted on 6 May 2013 by LexisNexis Workers' Comp Law Newsroom Staff

Proponents of the recently passed Oklahoma workers’ compensation reforms proclaim that the opt out provisions provide an alternative to the newly formed administrative system for processing injured worker claims and do not require that alternative... Read More

United States: Employer May Offset Workers’ Comp Benefits Against Amounts Owed Under Long-Term Disability Plan
Posted on 24 Feb 2017 by Thomas A. Robinson

The 9th Circuit Court of Appeals affirmed a decision by a U.S. District Court judge that held, as a matter of law, that an employer was entitled to offset an injured worker’s PPD workers’ compensation benefits against the worker’s long... Read More

Workers’ Compensation Opt-Out Laws: No Escape From ERISA Preemption?
Posted on 23 May 2016 by seemlessweb

In ERISA Congress has created a “lock-box” in which it both carefully defines and limits state exclusions from the statute and aggressively sweeps up through preemption anything that remains. Thus, if an employee welfare benefit plan is not... Read More

Thomas A. Robinson on Top Issues in Workers’ Compensation Law for 2013
Posted on 17 Mar 2013 by Thomas A. Robinson

Things appear to be “pumping” in the world of workers’ compensation. Legislatures are gathering. Proponents of “reform”—whatever that is—are huddled together, planning their strategies. Pointing to the activities... Read More

Ohio: Statute Precluding Comp Coverage for Worker Temporarily in the State Does Not Apply to Employee of Texas Non-Subscriber
Posted on 17 Oct 2014 by Larson's Spotlight

Like a number of other states, Ohio has a provision in its comp act [ORC Ann. § 4123.54(H)] precluding workers’ compensation coverage for an employee when: (1) the employee is a resident of another state; (2) the employee is insured in a state... Read More

Opt Outs to Workers’ Compensation: The Real Disconnect in What Is Being Said and What Is Being Implemented
Posted on 22 Jan 2016 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC The National Workers’ Compensation and Disability Conference generally serves as a pretty good barometer of what the industry focus will be in the upcoming year and it is evident that... Read More

National and State-by-State Workers' Comp News Roundup Powered by Larson's (1/14/2013)
Posted on 14 Jan 2013 by LexisNexis Workers' Comp Law Newsroom Staff

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: New Survey Posted on Prescription Drug Management in... Read More

Oklahoma Opt Out Legislation Fails: A Post Mortem
Posted on 2 May 2012 by Thomas A. Robinson

By Thomas A. Robinson Late last Wednesday evening (April 25th), supporters of a controversial bill that would have allowed some Oklahoma employers to “opt out” of the state’s traditional workers’ compensation system [ see Oklahoma... Read More

Opting Out is the New “In” Thing: Study Discusses Alternatives to Workers’ Compensation
Posted on 14 Jan 2013 by John Stahl

By John Stahl, Esq. The astronomical benefits-related costs, protracted dispute resolution process, and numerous other ills associated with workers’ compensation that have prompted reforms have also increased support for the “opt-out”... Read More