Workers' Compensation

Recent Posts

Nevada: Post-Retirement Cancer is Compensable for Firefighter
Posted on 26 Oct 2020 by Thomas A. Robinson

The fact that a retired Nevada firefighter had no actual "wages" to replace, since his diagnosis for prostate cancer came three years after his retirement, did not mean he should not be awarded disability benefits based upon the wages he was... Read More

Tags: cancer presumption , lost wages , disability retirement , cancer , Firefighter

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

Tags: professional football players , disability retirement , California workers compensation , independent contractors , exclusive remedy , asbestos , residential employee

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

Tags: statute of limitations , attorney's fees , disability retirement , vicarious liability , negligence , employment relationship , civil actions , special employers , California workers compensation , uninsured employers , equitable estoppel , qualified medical examiners , public employees , general employers , exclusive remedy rule , subsequent injuries , equitable tolling

California Workers' Comp Case Roundup (12/6/2016)
Posted on 6 Dec 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 11 Nov 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: disability retirement , California workers compensation , uninsured employers , exclusive remedy rule , respondeat superior

California Workers' Comp Case Roundup (10/28/2015)
Posted on 28 Oct 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 2015 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

Tags: contributing cause , labor market , cancer presumption , disability retirement , public safety employees , costs , 2005 PDRS , Permanent Total Disability , Jurisdiction , California workers compensation , exclusive remedy , venue , permanent disability rating , rebuttal , professional athletes , choice of forum , verification

New York: Employee’s Preexisting Asthma Insufficient to Support Employer’s Request for Relief from Special Disability Fund
Posted on 14 Jul 2017 by Thomas A. Robinson

A New York employer was not entitled to receive reimbursement from the Special Disability Fund pursuant to N.Y. Work. Comp. Law § 15(8)(d) unless it could establish three things: (1) that the injured worker had a preexisting permanent impairment... Read More

Tags: second injury fund , disability retirement , preexisting conditions , asthma

California Workers' Comp Case Roundup (1/4/2014)
Posted on 4 Jan 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 12 December 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... Read More

Tags: medical treatment , disability retirement , Jurisdiction , California workers compensation , death , professional athletes , public employees , exclusive remedy rule , power press , prescription drugs , reasonable value of services

California Workers' Comp Case Roundup (12/7/2017)
Posted on 7 Dec 2017 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 11 Nov 2017 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: lien claims , medical liens , anti-SLAPP actions , disability retirement , independent contractors , reinsurance , Fraud , FEHA , Fair Employment and Housing Act , restitution

Maine: Res Judicata Prevents Employer from Challenging Continued Existence of Disability
Posted on 28 Jul 2017 by Thomas A. Robinson

The Supreme Judicial Court of Maine held that a 2007 determination that an injured worker had reached MMI and had sustained an injury that resulted in a permanent impairment level of 32 percent could not be subsequently challenged by the employer on the... Read More

Tags: disability retirement , change in condition , issue preclusion , res judicata

California Workers’ Comp Case Roundup (8/6/2015)
Posted on 6 Aug 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 7 July 2015 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: filing fee , activation fee , Cal PERS , Constitutionality , disability retirement , liens , California workers compensation , reinsurance , insurance policy , public employees , Death Benefits , assignment

California Workers' Comp Case Roundup (5-4-2012)
Posted on 4 May 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 2012 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: Case Law Developments , independent contractor , pretrial conference statement , Apportionment , California , disability retirement , Permanent Total Disability , California workers compensation , undisclosed witness , exclusive remedy , Conflict of interest , psychiatric injury

Federal Workers’ Compensation: Senate Committee Reviews Legislative Proposals
Posted on 29 Jul 2011 by Karen C. Yotis

By Karen Yotis, Esq. On July 26, 2011, the United States Senate Com mittee on Homeland Security and Governmental Affairs, Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, held a hearing entitled... Read More

Tags: Federal Employee Retirement System , FECA , Susan Collins , Return to Work , federal workers' compensation , social security , disability retirement , workers' compensation reforms , wage loss benefits , Daniel K. Akaka

California Workers' Comp Case Roundup (5-4-2012)
Posted on 4 May 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 2012 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: Case Law Developments , independent contractor , pretrial conference statement , Apportionment , California , disability retirement , Permanent Total Disability , California workers compensation , undisclosed witness , exclusive remedy , Conflict of interest , psychiatric injury