Workers' Compensation

Recent Posts

California: Reviewers Under State's Utilization Review Procedure are Immune from Tort Liability; Exclusive Remedy is Workers’ Compensation
Posted on 24 Aug 2018 by Thomas A. Robinson

The exclusive remedy provisions contained in Cal. Labor Code § 3602 extend their shield against tort liability to utilization reviewers performing their services under the state’s workers’ compensation utilization review process. Accordingly... Read More

United States: Tort Action Against Comp Insurer is Barred by Exclusive Remedy Defense
Posted on 17 Aug 2018 by Thomas A. Robinson

A federal district court granted a workers’ compensation insurance company’s motion to dismiss claims contained in a complaint filed against it alleging, inter alia , concealment fraud, negligent interference, and bad faith breach of contract... Read More

California Workers’ Comp Case Roundup (6/10/2015)
Posted on 10 Jun 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 5 May 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

California: Top 25 Noteworthy Panel Decisions (January-June 2016)
Posted on 29 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review... Read More

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

King v. CompPartners, Inc., et al.: Do Utilization Review Physicians Owe a Duty of Care to Applicants and What Is the Nature and Scope of the Duty of Care
Posted on 9 Feb 2016 by Raymond F. Correio

By Raymond F. Correio, Esq. A recent decision from the Fourth District Court of Appeal, King v. CompPartners, Inc., et al. 243 Cal.App.4th 685, 80 Cal. Comp. Cases 10 , certified for publication, raises a number of provocative issues which will no... Read More

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects
Posted on 25 Sep 2015 by Larson's Spotlight

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe... Read More

California: Claim Against UR Physician Not Preempted by Workers’ Compensation Law
Posted on 15 Jan 2016 by Larson's Spotlight

Noting that a utilization review physician has a doctor-patient relationship with the person whose medical records are being reviewed, a California appellate court held that in at least some circumstances an injured worker and his wife could maintain... Read More

California Workers’ Compensation Case Roundup (2/11/2016)
Posted on 11 Feb 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 1 January 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... Read More

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

California Workers’ Comp Case Roundup (3/12/2015)
Posted on 12 Mar 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 2 February 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

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

California: Appellate Court Upholds Exclusive Remedy Bar for Asbestos Exposure
Posted on 22 Sep 2015 by Richard M. Jacobsmeyer

In a case that issued last week, the 2nd Appellate District declined to open a new avenue to avoid the exclusive remedy of workers’ compensation in Melendrez v. Ameron International Corporation , not only upholding the lower court’s grant... Read More

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