Workers' Compensation

Recent Posts

California: Due Process – A Constitutional Right
Posted on 22 May 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

The California WCAB has issued several decisions recently on the topic of “due process.” The term “due process” is a phrase attorneys often fling about in court whenever they want to convey that something “unfair” has... Read More

Trends to Watch in Workers’ Compensation Law
Posted on 7 Feb 2017 by LexisNexis Workers' Comp Law Newsroom Staff

At the National Workers’ Compensation & Disability Conference last November, Brad Bleakney, a partner with Bleakney & Troiani, and Lora Northen, a Shareholder with Capehart Scatchard, led a seminar on recent trends in workers’ compensation... Read More

Oklahoma: Supreme Court Strikes Down Yet Another Provision in State’s Comp Act
Posted on 15 Apr 2016 by Larson's Spotlight

In a split (7–2) decision, the Supreme Court of Oklahoma has struck down yet another provision of the state’s controversial 2013 “reform” of its workers’ compensation law. The provision, Okla. Stat. tit. 85A, § 45(C... Read More

Florida: Supreme Court Strikes Down Mandatory Attorney Fee Schedule for Claimants
Posted on 29 Apr 2016 by Larson's Spotlight

The Supreme Court of Florida, in a split decision, held that the mandatory attorney fee schedule contained in § 440.34, Fla. Stat., which precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional... Read More

California Workers' Comp Case Roundup (2/12/2015)
Posted on 12 Feb 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 1 January 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

Alabama: Trial Court Judge Rules State’s Workers’ Compensation Act Unconstitutional
Posted on 12 May 2017 by Thomas A. Robinson

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25–5–68] and a 15 percent cap on attorneys’ fees... Read More

California: When Due Process Becomes “Inconvenient”
Posted on 7 Dec 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Circumstances sometimes arise where justice requires that a party’s due process rights trump the inconvenience it may cause to a witness. Scheduling witness testimony is not an exact science, and often results in a minor and sometimes major inconvenience... Read More

California: Me Too Movement: Right of Privacy versus Due Process
Posted on 13 Jun 2018 by LexisNexis Workers' Comp Law Newsroom Staff

One sure fire ways to get the attention of a trier of fact is to allege, “My client’s due process rights have been violated, your Honor.” Many attorneys assert this claim, but many attorneys don’t truly understand the exact meaning... Read More

Longshore Act: Is Application of the Section 14(f) Penalty Mandatory When Equitable Considerations Warrant Otherwise?
Posted on 11 Feb 2013 by Monica F. Markovich

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas and New Orleans, Louisiana The Longshore and Harbor Workers’ Compensation Act (the “Act”) encourages the prompt payment of compensation benefits ( 33 U... Read More

Florida Workers’ Compensation: The Great Wait
Posted on 25 Jun 2015 by Robert J. Grace, Jr.

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook... Read More

Oklahoma: 180-Day Employment Rule for Cumulative Trauma Injuries Is Unconstitutional
Posted on 4 Mar 2016 by Larson's Spotlight

The Supreme Court of Oklahoma held that a provision in Okla. Stat. tit. 85A, § 2(14) that creates a condition precedent to the filing of a cumulative trauma claim—that the claimant must have completed 180 days of continuous active employment... Read More

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)
Posted on 26 May 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. 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 Upholds Constitutionality of IMR
Posted on 29 Oct 2015 by Richard M. Jacobsmeyer

Shortly after the second Second District Court of Appeals provided the defense community with a welcome decision in Batten v. WCAB , the First Appellate District followed up with its much anticipated decision in Stevens v. WCAB , the first constitutional... Read More

Applicant and Her Attorney Had Ample Opportunity to Be Heard on Issue of Dismissal: Cal. Comp. Cases November Advanced Postings (10/30/2012)
Posted on 31 Oct 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the November 2012 issue of Cal. Comp. Cases. subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. ... Read More