Workers' Compensation

Recent Posts

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

Montana: High Court Says Statute Allowing Ex Parte Communications With Claimant’s Doctors Is Unconstitutional
Posted on 12 Sep 2014 by Larson's Spotlight

Two Montana statutes that allow a workers’ compensation insurance carrier to have ex parte communications with claimant’s medical care providers represent an unconstitutional violation of claimant’s right to privacy, at least under the... Read More

California: Multiple Carrier Cumulative Trauma Injury: QME Report Strategy Risks
Posted on 6 Oct 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Chanchavac v. LB Industries, Inc. , 2015 Cal. Wrk. Comp. P.D. LEXIS 516 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 516 (Lexis Advance), the WCAB, denying removal, held that the co-defendant Sentry Insurance was entitled to obtain its own panel qualified... Read More

New York: Employee May Obtain Nunc Pro Tunc Approval of Settlement Only if Suit Is Actually Filed
Posted on 4 Dec 2015 by Larson's Spotlight

Where an injured employee never commences a third-party action to recover for injuries arising out of the same incident as his or her workers’ compensation claim, but settles the claim for less than the amount of compensation he or she has received... Read More

Larson’s Spotlight on Recent Cases: Worker Awarded Additional Benefits When Retirement Not Voluntary
Posted on 3 Aug 2012 by Larson's Spotlight

Larson's Spotlight on Retirement, Tort Action Against Carrier, Toxic Tort and Exclusive Remedy, and Snake Bite. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

Delaware UR Appellate Round-Up: Do We See a Trend Here?
Posted on 24 Sep 2010 by Cassandra Roberts

Okay, I am thinking that UR rulings of non-certification have about as much sticking power as a defective Post-It note. These have been busy weeks for your humble blogger and I owe y'all an update on something. Well, UR is the subject du jour and... Read More

Larson’s Spotlight on Recent Cases: Worker Awarded Additional Benefits When Retirement Not Voluntary
Posted on 3 Aug 2012 by Larson's Spotlight

Larson's Spotlight on Retirement, Tort Action Against Carrier, Toxic Tort and Exclusive Remedy, and Snake Bite. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More