Workers' Compensation

Recent Posts

United States: General Liability Insurer Need Not Defend Porn Studio in HIV Suit Filed by Actors
Posted on 8 Feb 2019 by Thomas A. Robinson

A panel of the Ninth Circuit Court of Appeals held that a California business liability insurer was not required to defend its insured—a pornography studio—in a suit filed against it by actors who contended, inter alia , that the insured defendant... Read More

Tags: Duty to Defend , insurance coverage , general liability coverage

Florida: No Ex Post Facto Comp Coverage Allowed
Posted on 8 Nov 2018 by Thomas A. Robinson

Where an insurance broker secured a policy of workers’ compensation insurance for a client an hour or so after one of the client’s employee had suffered a work-related accident, without disclosing to the carrier that the accident and injury... Read More

Tags: insurance coverage , after-the-fact insurance , exclusions

Five Recent Workers’ Comp Cases You Should Know About (12/2/2011) – Employee Assaulted by Company CFO at Office Party May Not Recover Tort Damages From Employer
Posted on 2 Dec 2011 by Larson's Spotlight

Larson's Spotlight on Assault, Franchisor as Contractor, Average Weekly Wage, Death Benefits, and Insurance Coverage. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Tags: insurance coverage , concurrent employment , dependent benefits , Subway , contractor , assault , franchisor , deliberate intent , Death Benefits , average weekly wage , scope of employment

Virginia: Civil Penalty When Uninsured for Workers’ Compensation Will Significantly Increase Effective July 1, 2014
Posted on 21 May 2014 by LexisNexis Workers' Comp Law Newsroom Staff

Richmond, Virginia, May 21, 2014: The 2014 General Assembly approved an increase in the civil penalty imposed when an employer required to insure under the Workers’ Compensation Act fails to insure. An employer is required by state law to insure... Read More

Tags: insurance coverage , Virginia workers compensation , penalty

California: Workers' Comp Case Roundup (3/6/2018)
Posted on 6 Mar 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 2 Feb 2018 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

Tags: joint employment , insurance coverage , Psychiatric Injuries , workers' compensation fraud , FEHA , Fair Employment and Housing Act , sudden and extraordinary employment condition , peculiar risk

California Workers’ Comp Case Roundup (9/1/2016)
Posted on 1 Sep 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 8 August 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 ISSUE... Read More

Tags: Time to File Petition , insurance coverage , Request for Additional Permanent Disability Benefits After Award , Medicinal Marijuana , injury aoe/coe , medical treatment , Time Deadlines , peace officers , statute of limitations , Delay in Filing Claim , Petitions for Writ of Review , reasonableness and necessity , Violent Acts , Specific and Cumulative Injuries , California Highway Patrol Officers , liens , tolling , settlements , laches , Administrative Leave Payments , Salary in Lieu of Disability Benefits , wrongful termination , Employee Leasing Agreement , presumption of industrial causation , registration requirements , Professional Copy Services , Payroll Services , WCAB Jurisdiction , vexatious litigant , continuing medical award , Time to File , Credit , Heart Trouble , utilization review , equitable subrogation , petitions for reconsideration , psychiatric injury , Increased Permanent Disability , Petitions for Reconsideration/Removal , personal service

NCCI-Mandated Assigned Risk Policy Plain Language Upheld: Cal. Comp. Cases January Advanced Postings (1/18/2012)
Posted on 18 Jan 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: NCCI-MANDATED ASSIGNED RISK POLICY PLAIN LANGUAGE UPHELD Lexis.com subscribers can link to the case to read the complete summary. Ardis... Read More

Tags: Case Law Developments , WCAB , insurance coverage , National Council on Compensation Insurance , predominant cause , California , assigned risk , California workers compensation , insurance policy , psychiatric injury , NCCI

California Workers' Comp Case Roundup (7/3/2015)
Posted on 4 Jul 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 6 June 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

Tags: misrepresentation , insurance coverage , hirer's liability , injury aoe/coe , rescission , employment relationship , California workers compensation , victim restitution , arbitration clause , causation , misclassification , subcontractors , substantial evidence

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)
Posted on 28 May 2015 by California Compensation Cases Staff

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and... Read More

Tags: unavailable witness , insurance coverage , settlement proceeds , injury aoe/coe , medical treatment , statute of limitations , IMR , undocumented worker , attorney's fees , unreasonable delay , penalties , Jurisdiction , California workers compensation , UR , utilization review , skype , deported , independent medical review

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)
Posted on 14 Feb 2014 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the February 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All... Read More

Tags: toxic building , insurance coverage , panel qualified medical evaluator , independent contractor , setting aside , stipulations , Apportionment , California workers compensation , black mold , open labor market , vocational expert , asthma

The Ambiguous Insurer: Cal. Comp. Cases November Advanced Postings (10/27/2011)
Posted on 27 Oct 2011 by California Compensation Cases Staff

Featured Case of the Week: Insurer’s Ambiguous Acts Estopped It From Denying Insurance Coverage to Employer © Copyright 2011 LexisNexis. All rights reserved. Granite State Insurance Company/Chartis (formerly AIG), Petitioner v. Workers'... Read More

Tags: Case Law Developments , cancellation notice , insurance coverage , estoppel , California Compensation Cases , permanent disability , California , substitute teachers , California workers compensation , course of employment , workers compensation insurance

Payroll Company Liable for Temp Worker’s Injuries: Cal. Comp. Cases July Advanced Postings (7/10/2014)
Posted on 10 Jul 2014 by California Compensation Cases Staff

Here’s the third batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved... Read More

Tags: temp agency , insurance coverage , payroll company , temporary worker , leased employee , general employer , California workers compensation , special employer , workers compensation insurance

Penalty for Abruptly Withdrawing Authorization for Opioid Pain Medication: Cal. Comp. Cases July Advanced Postings (7/16/2014)
Posted on 16 Jul 2014 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved... Read More

Tags: Bankruptcy , insurance coverage , pain , independent contractor , opioids , notice of cancellation , employment status , California workers compensation , prescription medication

A Different Kind of Miracle on 34th Street -- and the DE IAB Makes Postage Law in a Coverage Case
Posted on 6 Sep 2011 by Cassandra Roberts

"Miracles are a retelling in small letters the very same story which is written across the world in letters too large for some of us to see." C.S. Lewis Okay, so the title of this post has a lot to do with the U.S. Post Office....which played... Read More

Tags: insurance coverage , frolic , amp , postage , Delaware Detour &amp

Five Recent Workers’ Comp Cases You Should Know About (12/2/2011) – Employee Assaulted by Company CFO at Office Party May Not Recover Tort Damages From Employer
Posted on 2 Dec 2011 by Larson's Spotlight

Larson's Spotlight on Assault, Franchisor as Contractor, Average Weekly Wage, Death Benefits, and Insurance Coverage. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Tags: insurance coverage , concurrent employment , dependent benefits , Subway , contractor , assault , franchisor , deliberate intent , Death Benefits , average weekly wage , scope of employment