Workers' Compensation

Recent Posts

PA: Where Occupational Disease Is Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Is Not Barred by Exclusivity
Posted on 27 Nov 2013 by Larson's Spotlight

In a split decision, the Supreme Court of Pennsylvania recently held that claims for an occupational disease, in this case mesothelioma resulting from asbestos exposure, which manifested outside the 300-week period prescribed by the Workers' Compensation... Read More

Decedent Electrician Suffered Injurious Exposure to Asbestos Fibers: Cal. Comp. Cases June Advanced Postings (6/9/2015)
Posted on 10 Jun 2015 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

California Workers' Comp Case Roundup (6/14/2014)
Posted on 14 Jun 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 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

Pennsylvania: Claimant’s Contention That Third-Party Tort Action Settled for $1 Found Less Than Credible
Posted on 24 Apr 2015 by Larson's Spotlight

A Pennsylvania appellate court agreed that a Workers’ Compensation Judge appropriately dismissed a claimant’s Review, Modification and Reinstatement Petitions and agreed that claimant could not recover workers’ compensation benefits... Read More

California Workers’ Compensation Case Roundup (July 8, 2013)
Posted on 8 Jul 2013 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 6 June 2013 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

New York: Board’s Failure to Apportion Liability for Asbestos-Related Condition Affirmed
Posted on 12 May 2017 by Thomas A. Robinson

The New York Workers’ Compensation Board appropriately refused to apportion liability for claimant’s asbestos-related disease despite some evidence that the claimant had exposure to asbestos at multiple employers over a long period of time... Read More

California Workers' Comp Case Roundup (1/20/2017)
Posted on 20 Jan 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 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... Read More

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity
Posted on 26 Sep 2014 by Larson's Spotlight

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly,... Read More

North Carolina: Average Weekly Wage Computation Must Be Just to Both Parties
Posted on 14 Nov 2014 by Larson's Spotlight

Construing a statutory provision that describes how an injured employee’s average weekly wage should be computed, a North Carolina appellate has affirmed a determination by the state’s Industrial Commission that based an award of death benefits... Read More

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects
Posted on 25 Sep 2015 by Larson's Spotlight

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe... Read More

Missouri: M is for Meso
Posted on 21 Feb 2014 by Martin Klug

Missouri has radically changed the comp rules for workers with mesothelioma with a new category of “occupational disease due to toxic exposure.” What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos... Read More

Federal: Complaint Alleging Damages From Take-Home Exposure to Asbestos Barred by Exclusive Remedy
Posted on 29 Aug 2014 by Larson's Spotlight

A federal court dismissed a complaint filed against Weyerhaeuser Co. arising out of plaintiff's exposure to asbestos and a related disease, malignant mesothelioma, while employed at a Weyerhaeuser facility that used asbestos products in the manufacture... Read More

California: Appellate Court Upholds Exclusive Remedy Bar for Asbestos Exposure
Posted on 22 Sep 2015 by Richard M. Jacobsmeyer

In a case that issued last week, the 2nd Appellate District declined to open a new avenue to avoid the exclusive remedy of workers’ compensation in Melendrez v. Ameron International Corporation , not only upholding the lower court’s grant... Read More

Let It Bleed: A Delaware Case On Venous System Impairment
Posted on 10 Mar 2015 by Cassandra Roberts

I recently put a call out for case law guidance on certain of the more obscure permanency values. One of them was the vascular system. And lo and behold, right on top of things was Walt Schmittinger with John Lowman v. Connectiv Power Delivery , IAB#1188166... Read More

Workers' Comp Fraud Blotter (6/9/2011) – Immigration Attorney’s Wife Joins Him In Federal Prison
Posted on 10 Jun 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More