Workers' Compensation

Recent Posts

California: Defendant Found Responsible for EDD Lien When Lien Not Resolved Prior to Approval of Compromise and Release
Posted on 21 Jan 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Borbeck v. ACE Building Maintenance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order requiring the defendant to pay EDD $33,921.68 in satisfaction of EDD’s lien for unemployment compensation paid to the applicant... Read More

West Virginia: Insurer Has No Subrogation Interest Since Benefits “Paid” Under Policy Were Less than Employer’s Large Deductible
Posted on 16 Jun 2016 by Larson's Spotlight

Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when... Read More

The Passive Beneficiary: When Can an Applicant’s Attorney Be Paid From a Lien Claimant’s Recovery in California?
Posted on 21 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Note: Lexis.com subscribers can access the links below for the cases . There are many disputed cases where an applicant’s attorney may be successful in proving that an industrial injury occurred or that an employment relationship existed. This... 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

Wilson v. State Farm: Court Rules That Insurer Did Not Act in “Bad Faith” by Delaying Payment of a Settlement Pending Determination of Medicare’s Conditional Payment Amount
Posted on 23 Jun 2011 by Mark Popolizio, Esquire

By Mark Popolizio, Esquire, V.P. of MSP Compliance, NuQuest BridgePointe In the case of Wilson v. State Farm Mutual Automobile Insurance Company , No. 3:10-CV-256-H, 2011 WL 2378190 [ 2011 U.S. Dist. LEXIS 63430 ] (W.D. Ky., June 15, 2011), the... Read More

The Passive Beneficiary: When Can an Applicant’s Attorney Be Paid From a Lien Claimant’s Recovery in California?
Posted on 21 Feb 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Note: Lexis.com subscribers can access the links below for the cases . There are many disputed cases where an applicant’s attorney may be successful in proving that an industrial injury occurred or that an employment relationship existed. This... Read More