Workers' Compensation

Recent Posts

New York: No Indemnity by Employer Since No Showing of “Grave Injury”
Posted on 18 Jan 2019 by Thomas A. Robinson

Acknowledging that an employer may be liable to third parties for indemnification or contribution where the employer’s employee suffers a “grave injury,” as defined by N.Y. Workers Comp. Law § 11, a New York appellate court nevertheless... Read More

Iowa: Employer’s 401k Contributions Not Included in Average Weekly Wage Computation
Posted on 9 Jun 2016 by Larson's Spotlight

The employer’s matching contributions to an employee’s 401k plan are not weekly earnings for purposes of calculating the employee’s workers’ compensation benefits, held an Iowa appellate court, affirming a decision by a state district... Read More

Larson’s Spotlight on Recent Cases: Contribution/Indemnity Defense in Third Party Suit When Employer Hires Illegal Alien
Posted on 5 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Contribution, Firefighter's Rule, Safety Device, and Credit. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law... Read More

CIGA Ordered to Administer Medical Care for Both Specific and Cumulative Trauma Injuries: Cal. Comp. Cases December Advanced Postings (12/23/2011)
Posted on 24 Dec 2011 by California Compensation Cases Staff

Featured Case of the Week: CIGA ordered to administer medical care for both specific and cumulative trauma injuries California Insurance Guarantee Association (insurer for MB Painting), administered by Intercare Insurance Services, on behalf of Credit... Read More

Applicant Shot at Illegal Marijuana Growing Business Suffered Compensable Injury: Cal. Comp. Cases December Advanced Postings (12/16/2015)
Posted on 17 Dec 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the December 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... Read More

California: WCAB Panel Allows Report of Non-Examining Panel QME in Contribution Proceeding
Posted on 20 Nov 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution... Read More

California Workers’ Compensation Case Roundup (3/31/2016)
Posted on 31 Mar 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 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

New York: Significant Injury to Hand Does Not Constitute, However, “Grave Injury” Under § 11
Posted on 27 Feb 2015 by Larson's Spotlight

In New York, a defendant sued in tort by an injured worker may seek contribution and/or indemnification from the employer if, among other things, the worker sustained a “grave injury” as defined by N.Y. Work. Comp. Law § 11. A state appellate... Read More

New York: Third-Party Defendant Claim For Contribution Against Employer Fails Under “Grave Injury” Statute
Posted on 19 May 2017 by Thomas A. Robinson

In New York, absent an express agreement to the contrary, a defendant sued in tort by an injured employee may seek contribution or indemnification from the employer only if the employee suffered a "grave injury, as that term is defined in N.Y. Workers’... Read More

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)
Posted on 16 Apr 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for April 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

New York: Contractual Indemnity Disallowed When Indemnity Agreement Signed After Worker’s Injury
Posted on 26 Jul 2013 by Larson's Spotlight

New York’s workers’ compensation law prohibits a defendant from pursuing an indemnity or contribution action against the employer unless (a) the plaintiff/injured worker sustained a “grave injury” or there is a written indemnity... Read More

California Workers' Comp Case Roundup (8/10/2013)
Posted on 10 Aug 2013 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 7 July 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

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

California: Court of Appeal Reverses W.C.A.B. Ruling on Res Judicata
Posted on 26 Jul 2013 by Richard M. Jacobsmeyer

Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The bracketed cites link to Lexis Advance. The 2nd Appellate District has ordered publication of an opinion previously issued as unpublished which provides important clarification... Read More

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