Workers' Compensation

Recent Posts

Georgia: Subrogated Comp Insurer is not Claimant’s Fiduciary
Posted on 27 Dec 2021 by Thomas A. Robinson

Despite the right of the workers’ compensation insurance carrier to “assert the employee’s cause of action in tort” under some circumstances [see OCGA § 34-9-11.1), the Georgia carrier owes no fiduciary duty to protect the... Read More

United States: Missouri Insurer Allowed to Intervene in Employee’s Third-Party Civil Action
Posted on 22 May 2021 by Thomas A. Robinson

Stressing that allowing a workers’ compensation insurer to intervene in a third-party civil action filed by an injured worker against the purported tortfeasor would not cause delay and would not necessarily cause confusion among potential jurors... Read More

Illinois: Intervening Insurer is Not a Party to Injured Worker's Third-Party Tort Suit
Posted on 9 Dec 2020 by Thomas A. Robinson

Under section 5(b) of the Illinois Workers’ Compensation Act [820 ILCS 305/5(b)], an employer or insurer who intervenes in a civil action filed by the injured employee against a third-party is only allowed to play a limited role in such litigation... Read More

Minnesota: Chiropractor's Delay in Intervening Results in No Payment for Medical Services Rendered
Posted on 27 Aug 2020 by Thomas A. Robinson

Where a Minnesota chiropractor received a notice indicating that he had the right to file an intervention request in a workers' compensation claim -- the chiropractor had provided some $9,000 in medical service to the claimant -- but who took no action... Read More

California Workers' Comp Case Roundup (11/8/2017)
Posted on 8 Nov 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 2017 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

Insurer-Supported Engineering Controls Can Lead to Significant Reduction of Overall Workers’ Comp Claims and Costs
Posted on 19 Feb 2015 by Thomas A. Robinson

New study evaluates controls to reduce/eliminate workplace hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’... Read More

Missouri Supreme Court Allows V.A. to Intervene in Comp Cases
Posted on 1 May 2013 by Martin Klug

The Veteran’s Administration can now intervene in Missouri’s worker’s compensation cases to try to collect payment for medical services provided to veterans, even when an employer never authorized the care and no state rule allows it... Read More

Larson’s Spotlight on Recent Cases: No Waiver of Benefits by Quitting Job That Offered Light Duty Work
Posted on 3 May 2013 by Larson's Spotlight

Larson's Spotlight on Waiver of Benefits, Intervention, Psychiatric Claim, and Borrowed Employee. 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: Somebody Else Did It! A Primer on Third Party Cases
Posted on 5 May 2011 by Howard Stevens

THIRD PARTY REMEDY The employee and employer each have an independent cause of action for damages against a negligent third party. Lab. Code § 3852 ; Buell v. CBS, Inc . (1982) 136 Cal. App. 3d 823, 825, 186 Cal. Rptr. 455 . The employee may... Read More