Workers' Compensation

Recent Posts

Pennsylvania: Settlement of Claim Precludes Subsequent Civil Action Against Employer
Posted on 28 Mar 2020 by Thomas A. Robinson

The execution of a settlement agreement, in which the employee, a residential counselor at a Pennsylvania inpatient psychiatric facility, received a $40,000 lump sum from the employer in connection with injuries the counselor sustained when she was attacked... Read More

Maryland: Employee’s Broad Release Does Not Bar Subsequent Death Benefits Claim by Surviving Spouse
Posted on 27 Aug 2019 by Thomas A. Robinson

Citing Larson’s Workers’ Compensation Law , and stressing that a surviving spouse’s death benefits claim is not derivative of the injured worker’s claim, a Maryland appellate court found that a settlement agreement and full release... Read More

CMS Announces New "Self-Calculated Final Conditional Payment Amount" Option for Certain Liability Claims
Posted on 17 Dec 2011 by Mark Popolizio, Esquire

By Mark Popolizio, Esquire Section 111 Senior Legal Counsel Crowe Paradis Services Corporation The Centers for Medicare and Medicaid Services (CMS) will implement a new Self-Calculated Final Conditional Payment Amount option beginning in February 2012... Read More

Putting the Medicare Cards On the Table: Court Rules That L-MSA Not Required Per the Parties’ Mediation Settlement Agreement
Posted on 19 Jun 2012 by Mark Popolizio, Esquire

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In Bruton v. Carnival Corporation , 2012 U.S. Dist. LEXIS 64416 (S.D. Florida May 2, 2012) the court ruled that a liability Medicare set-aside (L-MSA) was not required as part of the settlement... Read More

Court Grants Hearing in LHWCA Settlement When CMS Declined to Review Case Within Its Thresholds
Posted on 6 Jan 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC Medicare set-asides have become an albatross for all insurers. And despite all their efforts to do exactly what CMS wants in the interest of protecting the Medicare Trust funds, CMS is constantly... Read More

Larson’s Spotlight on Recent Cases: Claimant’s Unpaid Work for Wife’s Business Did Not Constitute Fraud
Posted on 29 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Fraud, Unfair Settlement Practices, Penalty for Late Payment, and Altercation. 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

Claim for Psychiatric Injury as Compensable Consequence of Chronic Hepatitis Not Precluded by Compromise and Release: Cal. Comp. Cases July Advanced Postings (6/22/2016)
Posted on 23 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the July 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

Kentucky: Injured Employee’s Settlement Does Not Bind Widow’s Subsequent Death Benefits Claim
Posted on 27 Mar 2015 by Larson's Spotlight

Where an employee sustained a serious work-related injury—a torn thoracic aorta—in February 2006, and died almost four years later, having signed a release as to all future claims against the employer for an agreed upon lump-sum payment, his... Read More

West Virginia: Insurer Has No Subrogation Interest Since Benefits “Paid” Under Policy Were Less than Employer’s Large Deductible
Posted on 16 Jun 2016 by Larson's Spotlight

Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when... Read More

Missouri: Commission Exceeded Authority in Ordering Subrogation Payment
Posted on 10 Apr 2015 by Larson's Spotlight

A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for... Read More

California: Defendant Found Responsible for EDD Lien When Lien Not Resolved Prior to Approval of Compromise and Release
Posted on 21 Jan 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Borbeck v. ACE Building Maintenance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order requiring the defendant to pay EDD $33,921.68 in satisfaction of EDD’s lien for unemployment compensation paid to the applicant... Read More

New Study on Why Workers Settle Their Workers’ Comp Claims
Posted on 25 Feb 2013 by Robin E. Kobayashi

By Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, and Thomas P. Kieselbach, Esq., Cousineau McGuire Chartered, Minneapolis, MN The Minnesota Department of Labor & Industry’s (DLI) newly released survey on “... Read More

Wisconsin: Trial Court Can Compel Injured Employee to Accept Settlement of Third-Party Civil Action
Posted on 25 Jul 2014 by Larson's Spotlight

The Supreme Court of Wisconsin affirmed a decision compelling a plaintiff/injured employee to accept a settlement offered in a third-party civil action he had filed against an alleged tortfeasor. The employee, who worked for the Village of Fontana, had... Read More

Missouri: Court Takes Away a Subrogation Credit
Posted on 10 Apr 2015 by Martin Klug

The Commission went too far to resolve a subrogation dispute after a third party settlement and violated due process of the claimant’s spouse when she was not a party to the comp claim. Graham v. Latco Contractors , 2015 MO App. Lexis 379 (lexis... Read More

Vermont Workers' Compensation Update: October to December 2015
Posted on 8 Jan 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work... Read More