Reversing a decision of a federal district court that had ruled the retaliatory discharge provision of the Tennessee Workers’ Compensation Act was preempted by the Immigration Reform and Control Act of 1986 (“IRCA”), the Sixth Circuit... Read More
Holding that gross negligence, as described in the Texas statute that allows the family of a deceased worker to recovery exemplary damages if the workers’ death was caused by such gross negligence of the employer [see Tex. Lab. Code Ann. §... Read More
Construing the special exception to the Texas version of the exclusive remedy rule—that the survivors of an employee may maintain a wrongful death action against the employer if the employee's death was caused by an intentional act or omission... Read More
Under the Texas “access doctrine”—an exception to the going and coming rule—where the employer has evidenced an intention that the employee utilize a particular access route or area in going to and from work, and where that access... Read More
Affirming a decision of a federal district court, the Fifth Circuit Court of Appeals recently held that the United States could assert the exclusive-remedy provision of the Texas Workers’ Compensation Act [Tex. Lab. Code § 408.001(a)] against... Read More
A oil-rig “floorman,” whose duties included assembling, cleaning, and disassembling blowout preventers and piping on oil rigs, was not a “seaman” under the Jones Act [46 U.S.C.S. §§ 30104-30105] since he failed to demonstrate... Read More
A Texas appellate court, construing Tex. Lab. Code Ann. § 408.008(1), that generally requires that in order for a heart attack to be compensable, it must be identified as having occurred at “a definite time and place” and must have been... Read More
Beginning January 1, 2012, the Division of Workers’ Compensation (DWC) will begin its six month collection of data to assess insurance carriers for Performance Based Oversight (PBO). The PBO period will last until June 30, 2011. The PBO measures... Read More
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. A.M. Best Reports Workers’ Comp Line Has Third Straight Year of... Read More
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. NCCI Examines State of the Economy and Impact on Workers Comp Insurance... Read More
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. OSHA Reports 3 Million Workers Experienced Serious Injury or Illness on... Read More
NCCI Analyzes State Differences in Diagnosis, Treatment of Joint Injuries . Businesses Consider Purchase of Active Shooter Insurance . Study Finds News Media Focuses on Criminal, Not Preventative Aspects of Opioid Abuse . CA: DWC Posts Changes... Read More
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 AND STATE NEWS: CA: WCIRB Posts 2013 SB 863 Cost Monitoring... Read More
WCRI: Medical Prices Lower, Grew Slower in States With Medical Fee Schedules . OSHA Seeks Public Comment on Safety & Health Program Management Guidelines . US Dept. of Labor Proposes Rule to Update Implementation of EEOICPA . Documentary... Read More
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 AND STATE NEWS: Former CEO of Arkansas Workers’ Comp... Read More