Workers' Compensation

Recent Posts

Tackling the Elephant in the Room: Exclusive Remedy
Posted on 12 Mar 2015 by LexisNexis Workers' Comp Law Newsroom Staff

How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin... Read More

California: Utilization Review Decision Defective When UR Delay Notice Signed Only by UR Nurse, Not Licensed Physician
Posted on 18 Jul 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Newton v. Jack-In-The-Box , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has issued a notice of its intention to award an applicant medical treatment in the form of aquatic therapy twice per week for a period of four weeks, as prescribed by the... Read More

New York Court of Appeals Upholds ATF Deposit on PPD Cases
Posted on 16 Nov 2011 by Ronald Balter

By Ronald Balter, Esq. More than four years after the legislature enacted mandatory Aggregate Trust Fund deposits in all cases in which a claimant was classified as having a permanent partial disability after July 1, 2007 and involving a private workers'... Read More

New Jersey: Phone Call Offer of Employment to NJ Residence Sufficient to Support Jurisdiction for Out-of-State Injury
Posted on 27 Apr 2017 by Thomas A. Robinson

An employer and employee created an employment arrangement in New Jersey where the evidence indicated the employee, after filing an online application with a New York company, initially received a phone call at his home to arrange an employment interview... Read More

Larson’s Spotlight on Recent Cases: Injured HVAC Worker Established “Odd Lot” Status
Posted on 9 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Odd Lot, Causation, Farm Laborer, Immunity From Exclusive Remedy . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

California: Employer Representative at Applicant's Deposition
Posted on 25 Aug 2010 by Nigel Scott Baker, Esq.

The WCAB issued an opinion, Padilla v. LAMTA , (6/28/10, ADJ6981165) which dealt with the issue of having an employer representative at the deposition (especially during the portions in which prior medical history was being discussed). If you would like... Read More

Larson’s Spotlight on Recent Cases: Injured HVAC Worker Established “Odd Lot” Status
Posted on 9 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Odd Lot, Causation, Farm Laborer, Immunity From Exclusive Remedy . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... 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. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved.... Read More

Cal. Comp. Cases December Advanced Postings (11/29/2010)
Posted on 30 Nov 2010 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the December 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case below to read the complete headnotes and summary. Rudy Hernandez v. W.C.A.B., Blue Star Ready Mix/Mobile... Read More

California Workers' Compensation Cases Roundup 11/30/2010
Posted on 1 Dec 2010 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 75, No. 11 November 2010 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

New York Court of Appeals Upholds ATF Deposit on PPD Cases
Posted on 16 Nov 2011 by Ronald Balter

By Ronald Balter, Esq. More than four years after the legislature enacted mandatory Aggregate Trust Fund deposits in all cases in which a claimant was classified as having a permanent partial disability after July 1, 2007 and involving a private workers'... Read More

CA: Notice and Hearing Required on Counsel's Unreasonable Failure to Appear
Posted on 22 May 2010 by Robin E. Kobayashi

Robert Johnson v. Automated Teller Accessories Corporation, uninsured, UEBTF Attorneys--Request to Be Relieved as Counsel--Due Process--WCAB rescinded WCJ's finding that there was no reasonable basis for defense counsel's failure to appear... Read More