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
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
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
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
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 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 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
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