Workers' Compensation

Recent Posts

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

Tags: hirer's liability , in-home caregiver , compromise and release , Jurisdiction , California workers compensation , going and coming rule , professional athletes , malicious prosecution

California Workers' Comp Case Roundup (7/9/2018)
Posted on 9 Jul 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 6 June 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

Tags: hirer's liability , compromise and release , California workers compensation , negligent hiring , privette doctrine , exclusive remedy rule

Injured Worker’s Spouse Entitled to $21,600 for Retroactive Home Health Care Services: Cal. Comp. Cases October Advanced Postings (10/16/2012)
Posted on 16 Oct 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the October 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. ... Read More

Tags: Case Law Developments , statute of limitaions , contribution , compromise and release , California workers compensation , home health care

United States: Comp Claimant’s Execution of Compromise and Release Containing General Release Barred Subsequent Federal Action Under ADA and Pennsylvania Human Relations Act
Posted on 12 Jul 2013 by Larson's Spotlight

A federal district court recently held that plaintiff's execution of a Compromise and Release of his workers' compensation claim bars his right to raise claims under the ADA and the Pennsylvania Human Relations Act. Accordingly, the federal court... Read More

Tags: ankle injury , compromise and release , lump sum , Americans with Disabilities Act , Pennsylvania workers compensation , Pennsylvania Human Relations Act

Settlement Did Not Affect Right to Further Medical Treatment for Sleep Apnea: Cal. Comp. Cases July Advanced Postings (7/17/2012)
Posted on 17 Jul 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the July 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. City... Read More

Tags: Case Law Developments , back injuries , compromise and release , compensable consequence injury , California workers compensation , sleep apnea , sleep disorder , Settlement , further medical treatment

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

Tags: stipulations , Return to Work , permanent disability , attorney's fees , EAMS Blogs Reference Page , work restrictions , compromise and release , Motion to compel attendance at deposition , Walk-Throughs , EAMS , Settlement , Colleen Casey

California: Jurisdiction Issues That Could Sabotage Your Case
Posted on 17 Aug 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

Quite a few WCAB Noteworthy Panel Decisions (NPDs) have issued lately on the question of jurisdiction. In each of them, the parties had petitioned to go forward on an issue, only to discover at the hearing level, that the WCAB might not have jurisdiction... Read More

Tags: progressive insidious disease , out of state injuries , clerical error , compromise and release , Jurisdiction , California workers compensation , Indian tribes , application

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

Tags: lien , compromise and release , California workers compensation , Settlement , Employment Development Department , EDD

California: Compromise and Release and Medicare Set-Aside: Informed Consent and Assumption of Risk
Posted on 15 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

Liability for future medical treatment for a work related condition cannot be transferred to Medicare without its permission In Alvarenga v. Scope Industries , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s order approving... Read More

Tags: informed consent , MSA , assumption of risk , compromise and release , California workers compensation , Medicare set-aside

California: Medicare Settlement Agreements: The Perils of Unanticipated Problems After Settlement
Posted on 17 Apr 2017 by LexisNexis Workers' Comp Law Newsroom Staff

What exactly is the role of the WCAB, not to mention the parties to the C&R, in addressing unanticipated problems that come up with an MSA after settlement? In Muniz Villalpando v. Doherty Brothers , 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB... Read More

Tags: MSA , medicare set-asides , settlements , compromise and release , California workers compensation , C&R

California: Stipulated Agreements – When Can You Back Out?
Posted on 5 Oct 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and rules cited below . Buyer’s remorse. It is not unusual for a party to agree to the terms of a settlement and then wake up the next morning with that horrible feeling in the pit of their... Read More

Tags: duress , good cause , mistake , compromise and release , California workers compensation , Fraud , stipulated agreement , Settlement

California: Rescission of Compromise and Release Not Duly Executed
Posted on 7 Jun 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Noteworthy panel decision illustrates the Board's powers to set aside a settlement both before and after the settlement becomes final An Appeals Board panel has rescinded a WCJ’s 8/8/2013 Order Approving Compromise and Release purporting... Read More

Tags: WCAB's powers , duress , mutual mistake of fact , rescission , good cause , undue influence , unduly executed , compromise and release , Fraud , petition for reconsideration , substantial justice

Employer’s Right to Credit in Third-Party Recovery Not Barred When Employer Not Aware of Hazardous Conditions: Cal. Comp. Cases October Advanced Postings (10/7/2015)
Posted on 8 Oct 2015 by California Compensation Cases Staff

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

Tags: hazardous , guardrail , third party , compromise and release , California workers compensation , Credit

California Workers’ Comp Case Roundup (7/7/2016)
Posted on 8 Jul 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 6 June 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 ISSUE... Read More

Tags: professional athlete , common fund , cancer presumption , statute of limitations , liens , removal , settlements , compromise and release , wrongful termination , AMA Guides , California workers compensation , course of employment , rating , set-off , utilization review , record , uninsured motorists

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)
Posted on 18 Feb 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for February 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

Tags: settlement proceeds , discovery , compromise and release , penalties , California workers compensation , delay in payment , witness statement , EEOC , C&R