Workers' Compensation

Recent Posts

Massachusetts: Family Court Judge Appropriately Awarded Wife $50,000 of Husband's Workers' Comp Settlement
Posted on 26 Jul 2020 by Thomas A. Robinson

A decision by a Massachusetts Probate and Family Court judge that allocated $50,000 of an injured worker's remaining workers' compensation settlement proceeds to his wife under the terms of a divorce and marital settlement was appropriate, held... Read More

Mississippi: Death Benefits May Be Subjected to Lien for Unpaid Child Support
Posted on 26 Apr 2019 by Thomas A. Robinson

In a deeply divided (5-4) decision, a Mississippi appellate court held that a deceased employee’s workers’ compensation death benefits could be subject to a lien for unpaid child support in spite of the fact that, prior to the employee’s... Read More

Arizona: Injured Worker May Not Use Post-Settlement Trial to Determine Level of Employer’s Fault in Order to Reduce Insurance Carrier’s Lien
Posted on 3 Aug 2018 by Thomas A. Robinson

In Arizona, as in virtually all other jurisdictions, an insurance carrier providing workers’ compensation benefits to an injured worker enjoys a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently... Read More

Texas: Comp Carrier May Not Rush in Through Back Door to Claim Lien on Settlement Proceeds
Posted on 15 Jun 2018 by Thomas A. Robinson

In Texas, as in most other states, an employer and/or workers’ compensation insurance carrier enjoy strong subrogation rights that allow recovery of the workers’ compensation outlay against third parties that may be responsible for all or... Read More

California Workers’ Compensation Case Roundup (3/31/2016)
Posted on 31 Mar 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 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

Massachusetts: Insurer’s Lien Does Not Reach Injured Worker’s Damages for Pain and Suffering in Third-Party Action
Posted on 7 Nov 2014 by Larson's Spotlight

Relying upon an earlier decision [(Curry v. Great Am. Ins. Co., 80 Mass. App. Ct. 592 (2011)], a Massachusetts appellate court held that the workers’ compensation insurer’s lien under G. L. c. 152, § 15, does not reach the damages for... Read More

Pennsylvania: Employer Gets No Subrogation Rights for Recovery under State’s Motor Vehicle Responsibility Law
Posted on 1 Jun 2018 by Thomas A. Robinson

In Pennsylvania, as in most states, an employer or carrier who has paid out workers’ compensation benefits enjoys a strong statutory subrogation right in any third-party recovery that the injured worker may enjoy. The Supreme Court of Pennsylvania... Read More

Kansas: Widow’s Motion to Characterize Wrongful Death Recovery as Exempt from Subrogation Rules Found Barred
Posted on 13 Apr 2018 by Thomas A. Robinson

Where a surviving spouse of a worker killed in a work-related car accident filed a wrongful death action in a state court and joined a separate federal wrongful death action filed by her son, and the parties eventually settled the claim with the federal... Read More

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend
Posted on 8 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you... Read More

New York Workers’ Compensation Trends and Developments for 2015
Posted on 22 Apr 2016 by Ronald E. Weiss & Ronald Balter

Many of the new developments in Workers’ Compensation Law and Practice in New York in 2015 were in the area of administrative and regulatory changes resulting from the Workers’ Compensation Board’s Business Process Re-engineering Project... Read More

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived
Posted on 7 Aug 2015 by Larson's Spotlight

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of... Read More

Massachusetts: Employer’s Subrogation Rights Do Not Extend to Worker’s Pain and Suffering Recovery
Posted on 19 Feb 2016 by Larson's Spotlight

The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee’s recovery from a third party for work-related injuries under Mass. Gen. Laws ch. 152, § 15, the lien does not attach to damages paid... Read More

The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien
Posted on 1 Apr 2013 by Cassandra Roberts

This is serious business, folks, notwithstanding the title of today's post.....Props to Cheryl Ward of Franklin & Prokopic who, like me, spent part of her Good Friday keeping vigil over any late-breaking news in the world of comp. And heralding... Read More

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)
Posted on 26 May 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

California: Medical Lien Discovery Practice and In Camera Review
Posted on 6 Nov 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

WCAB provides guidance on the discovery of corporate and financial documents and the right of privacy with respect to a medical lien In Garcia v. Arun Enterprises dba Subway , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, granting the defendant’s... Read More