Workers' Compensation

Recent Posts

Supplemental Job Displacement Benefits: Two Vouchers for Separate But Overlapping Injuries Is Not Double Recovery
Posted on 24 Jul 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Silva v LSG Sky Chiefs and Liberty Mutual Insurance Company , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB provided guidance on supplemental job displacement benefits by interpreting the Labor Code and related Administrative Rule to entitle qualifying... Read More

NY: Divided High Court Awards Carrier Full Credit to Settlement Proceeds Where Worker Was Assaulted, Raped & Kidnapped
Posted on 27 Nov 2013 by Larson's Spotlight

A workers' compensation carrier, who paid benefits to an aide at a juvenile detention center who was physically assaulted, raped, and kidnapped by a coworker, is entitled to take a dollar-for-dollar credit against future workers’ compensation... Read More

Massachusetts: Employer’s Subrogation Rights Do Not Extend to Worker’s Pain and Suffering Recovery
Posted on 19 Feb 2016 by Larson's Spotlight

The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee’s recovery from a third party for work-related injuries under Mass. Gen. Laws ch. 152, § 15, the lien does not attach to damages paid... Read More

United States: UIM Insurer May Not Offset Workers' Compensation Benefits Received by Plaintiff
Posted on 22 Apr 2016 by Larson's Spotlight

Construing Colorado law, a federal district court held that in a suit to recover UIM benefits under an insurance policy issued to plaintiff by the defendant insurance company, evidence related to the plaintiff’s prior recovery of medical expenses... Read More

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement
Posted on 15 Jun 2012 by Martin Klug

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal,... Read More

Larson’s Spotlight on Recent Cases: Employer’s OSHA Violation Falls Short as Substantial Evidence of Intentional Wrong in Tort Action
Posted on 6 Jul 2012 by Larson's Spotlight

Larson's Spotlight on OSHA Violation and Intentional Wrong, Offset of Wage Loss Benefits, Injury During Work Break, and Slip and Fall in Company Lot. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson... Read More

Larson’s Spotlight on Recent Cases: Gradual Worsening Over Time Constituted Change of Condition, Not New Injury
Posted on 13 Jul 2012 by Larson's Spotlight

Larson's Spotlight on Change of Condition, Workers' Comp Fraud, and Tort Suit and Evidence of Workers' Comp Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Larson’s Spotlight on Recent Cases: Employer’s OSHA Violation Falls Short as Substantial Evidence of Intentional Wrong in Tort Action
Posted on 6 Jul 2012 by Larson's Spotlight

Larson's Spotlight on OSHA Violation and Intentional Wrong, Offset of Wage Loss Benefits, Injury During Work Break, and Slip and Fall in Company Lot. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson... Read More

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement
Posted on 15 Jun 2012 by Martin Klug

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal,... Read More

California: Somebody Else Did It! A Primer on Third Party Cases
Posted on 5 May 2011 by Howard Stevens

THIRD PARTY REMEDY The employee and employer each have an independent cause of action for damages against a negligent third party. Lab. Code § 3852 ; Buell v. CBS, Inc . (1982) 136 Cal. App. 3d 823, 825, 186 Cal. Rptr. 455 . The employee may... Read More

Larson’s Spotlight on Recent Cases: Gradual Worsening Over Time Constituted Change of Condition, Not New Injury
Posted on 13 Jul 2012 by Larson's Spotlight

Larson's Spotlight on Change of Condition, Workers' Comp Fraud, and Tort Suit and Evidence of Workers' Comp Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More