Workers' Compensation

Recent Posts

New Jersey: Residential Status Alone Insufficient to Confer Jurisdiction for Claim Involving Extraterritorial Injury
Posted on 31 Jul 2019 by Thomas A. Robinson

A New Jersey appellate court held that while residential status may certainly be considered in determining whether the Garden State has a sufficient interest in a worker’s claim regarding an extraterritorial injury, it is insufficient on its own... Read More

Pennsylvania: Court Refuses to Apply Extraterritorial Jurisdiction for Injury Occurring in New Jersey
Posted on 18 Jan 2019 by Thomas A. Robinson

Where Pennsylvania and New Jersey were joint owners of a bridge crossing the Delaware River between Philadelphia and Camden and claimant, a Pennsylvania resident hired by a subcontractor to perform painting and lead abatement services on the bridge and... Read More

Nebraska: Nonresident Corporation, With Limited Contacts, is Not an “Employer”
Posted on 18 Jan 2019 by Thomas A. Robinson

Where a Washington seafood corporation recruited workers in Nebraska, hosting them at a hotel conference room, and completing drug testing on those who were hired, but performed no actual work in Nebraska and did not frequently have employees either as... Read More

New York: Employee/Independent Contractor Status Must be Determined by Board
Posted on 28 Nov 2018 by Thomas A. Robinson

A New York appellate court recently ruled that a state trial court was beyond its powers when it determined that an injured worker was an independent contractor and not an employee. Such a determination was for the state’s Workers’ Compensation... Read More

North Carolina: Subject Matter Jurisdiction Can Be Raised at Any Time
Posted on 15 Aug 2018 by Thomas A. Robinson

A challenge to a court’s jurisdiction can be offered at any time, held a North Carolina appellate court. Accordingly, in a wrongful death action filed by the administratrix of a young woman’s estate against the deceased’s employer, that... Read More

California Workers' Comp Case Roundup (8/8/2018)
Posted on 8 Aug 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 7 July 2018 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

Larson’s Spotlight on Recent Cases: Exclusive Remedy Rule Bars Student Worker’s Tort Action
Posted on 6 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Jurisdiction, Dependency Benefits, and Aggravation of Original Injury. 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

Iowa: Trial Court Has Jurisdiction to Hear Emotional Distress Claim Associated With Whistle-Blowing Activity
Posted on 30 Aug 2013 by Larson's Spotlight

An Iowa appellate court recently affirmed, in relevant part, a trial court's denial of defendants’ motion for judgment N.O.V., and for new trial, after a jury returned a verdict in favor of plaintiff on his claim of intentional infliction of... Read More

Five Recent Workers’ Comp Cases You Should Know About (9/23/2011) – Robberies Were Normal Condition of Work, So Mental Injury Claim Not Allowed
Posted on 23 Sep 2011 by Larson's Spotlight

Larson's Spotlight on Mental Injury, Jurisdiction, Disqualification for Benefits, Evidence of Disability, and Pain Impairment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Larson’s Spotlight on Recent Cases: Worker’s Alcohol Consumption and Nap Defeat Claim for Fall Into Elevator Shaft
Posted on 3 Feb 2012 by Larson's Spotlight

Larson's Spotlight on Course of Employment, Jurisdiction, Heart Attack, and Refusal of Medical Treatment. 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

California: W.C.A.B. Declines to Accept Jurisdiction over Out of State NFL Player
Posted on 16 Jan 2013 by Richard M. Jacobsmeyer

The Workers' Compensation Appeals Board has issued a decision in what can best be called a niche case involving professional sports specifically professional football. In McKinley v. Arizona Cardinals , the W.C.A.B. has issued an en banc decision... Read More

California WCAB May Lack Jurisdiction Where Out-of-State Football Player Plays a Single Game in California
Posted on 27 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

The California Workers’ Compensation Appeals Board has recently issued two noteworthy panel decisions related to the WCAB’s subject matter jurisdiction in which the professional football player claimed cumulative trauma but played only a single... Read More

WCAB Lacked Jurisdiction for Football Player’s Claimed Out of State Injuries: Cal. Comp. Cases November Advanced Postings (11/5/2012)
Posted on 6 Nov 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the November 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. Michael... Read More

California UR/IMR Process: Form Over Substance?
Posted on 5 Jun 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Injured worker’s IMR application denied for being 1 day late In Avila v. University of California Irvine Medical Center , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order, which denied the applicant’s appeal of... Read More

California Official Medical Fee Schedule: Another Death of the Extraordinary Circumstances Exception Post-2004
Posted on 4 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Garcia v. E Recycling of California, Zurich North America , 2015 Cal. Wrk. Comp. P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding... Read More