Workers' Compensation

Recent Posts

New Jersey: Attorney’s Fees in Death Benefits Case Should be Based on Mortality Tables for Surviving Spouse
Posted on 25 Jul 2019 by Thomas A. Robinson

A New Jersey appellate court affirmed a final judgment entered by the Division of Workers’ Compensation awarding fees to counsel for the surviving spouse of a worker who succumbed to an occupational disease based on the surviving spouse’s... Read More

United States: In Longshore Decision, No Abuse of Discretion in Adjusting Attorney’s Fees by National Consumer Price Index
Posted on 28 Nov 2018 by Thomas A. Robinson

With regard to a claim filed under the Longshore and Harbor Workers' Compensation Act (the Act), the Ninth Circuit Court of Appeals , in a decision not designated for publication, held that it was within the discretion of the Benefits Review Board... Read More

New Mexico: Worker’s Offer of Judgment Triggers Statutory Fee-Shifting Provisions
Posted on 14 Sep 2018 by Thomas A. Robinson

A workers' compensation judge erred as a matter of law by declining to apply the mandatory fee-shifting provision set forth in N.M. Stat. Ann. § 52-1-54(F)(4)(2003)(amended 2013), because the worker made a valid offer under N.M. Stat. Ann. §... Read More

Minnesota: Claimant Pulled into Argument Between Two Employers Awarded Attorney’s Fees
Posted on 26 Jul 2018 by Thomas A. Robinson

In a workers' compensation dispute where two employers denied liability and the employee was drawn into the litigation, the employee was entitled to attorney fees under Minn. Stat. § 176.191, held the Supreme Court of Minnesota. Here, the employee... Read More

Kansas: No Claimant’s Attorney Fees Available for Appellate Work in Comp Case
Posted on 21 Jun 2018 by Thomas A. Robinson

The Court of Appeals of Kansas held that attorneys representing claimants at the appellate court level in the state fall between the cracks when it comes to awards of attorney’s fees, even when successfully representing their clients. Citing Rogers... Read More

California EAMS: Issues to Consider Before Submitting Your Settlement Docs
Posted on 12 Jun 2012 by Colleen Casey

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk... Read More

Louisiana Workers’ Compensation Law Changes 2012
Posted on 28 Jun 2012 by Denis Paul Juge

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the... Read More

Florida Workers’ Compensation: The Great Wait
Posted on 25 Jun 2015 by Robert J. Grace, Jr.

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook... Read More

Tennessee: Insurer Gets Stung for $27,000 in Attorney’s Fees In $187 Utilization Review Dispute
Posted on 14 Jan 2017 by Thomas A. Robinson

A workers’ compensation insurer for a Tennessee employer, who sought utilization review regarding two trigger point injections, totaling $187, to treat an injured worker’s back pain and who stood its ground when the UR provider opined that... Read More

California Workers' Comp Case Roundup (5/4/2014)
Posted on 5 May 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 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

California Workers' Comp Case Roundup (4/5/2014)
Posted on 5 Apr 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 3 March 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

Florida Workers' Compensation Update (June 2017)
Posted on 8 Jun 2017 by Robert J. Grace, Jr.

We are now more than one year since the Florida Supreme Court issued its long awaited decision in Castellanos v. Next Door Company et. al. and its decision in Miles v. City of Edgewater Police Department/Preferred Governmental Claims Solutions and the... Read More

Missouri: Commission Caps Fees in an Undisputed Death Case
Posted on 12 May 2016 by Martin Klug

The Commission capped attorney’s fees on a death case and found a contract for a 25% contingency fee was not fair and reasonable. Bynum, dec. v Bynum et al, 2016 MO WCLR Lexis 29 (May 3 2016) (Lexis Advance), 2016 MO WCLR Lexis 29 (May 3 2016... Read More

LHWCA Attorney Fee Shifting After Lincoln v. Director, OWCP (Everywhere but the 9th Circuit)
Posted on 16 Jan 2015 by Monica F. Markovich

By Monica Fekete Markovich and Alexandra Wood, Brown Sims, P.C., Houston, Texas At the outset of a Longshore and Harbor Workers’ Compensation Act (“LHWCA,” 33 U.S.C.S. § 901 et seq .) claim, only the claimant may bear any responsibility... Read More

Larson's Spotlight on Recent Cases: Disabled Officer Failed to Disclose Status as Horse Trainer
Posted on 17 Jun 2013 by LexisNexis Communities Staff

Larson's Spotlight on Fraud, Attorney's Fees, Retaliatory Discharge, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More