Workers' Compensation

Recent Posts

New York: WCLJ’s Factual Finding is Binding in Subsequent Third-Party Tort Action
Posted on 3 Oct 2021 by Thomas A. Robinson

A decision by a New York trial court granting defendants’ motion for summary judgment in a tort action filed against them was affirmed by a state appellate court where the essential issues related to potential liability had already been determined... Read More

Pennsylvania: Decision in Heart and Lung Claim Not Binding on Workers’ Compensation Judge
Posted on 14 Apr 2017 by Thomas A. Robinson

Reiterating the rule that in Pennsylvania, the doctrines of collateral estoppel and res judicata generally apply to workers’ compensation cases, but that the doctrines only apply where there is substantial identity in issues before the respective... Read More

Virginia: Employee Gets Just One “Swing” at Proving Her Case
Posted on 6 Apr 2018 by Thomas A. Robinson

A September 2015 determination that there was no medical evidence causally linking an employee’s workplace injury to her arthritis was not an invitation for the employee to create the evidence and “take another swing” on appeal, held... Read More

Maine: Res Judicata Prevents Employer from Challenging Continued Existence of Disability
Posted on 28 Jul 2017 by Thomas A. Robinson

The Supreme Judicial Court of Maine held that a 2007 determination that an injured worker had reached MMI and had sustained an injury that resulted in a permanent impairment level of 32 percent could not be subsequently challenged by the employer on the... Read More

Five Recent Cases You Should Know About (4/22/2011)
Posted on 22 Apr 2011 by Larson's Spotlight

Larson's Pre-existing Condition, Exclusive Remedy, Settlement, Increased Risk, and Common Law Wife. 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