Workers' Compensation

Recent Posts

2011 Year in Review: The Top 10 Workers’ Compensation Events in California
Posted on 6 Dec 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur... Read More

California: Top 25 Noteworthy Panel Decisions (July–December 2015)
Posted on 3 Jan 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and... 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

California Workers’ Compensation Case Roundup (2/11/2016)
Posted on 11 Feb 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 1 January 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... Read More

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

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)
Posted on 16 Apr 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

California Workers’ Comp Case Roundup (5/5/2015)
Posted on 5 May 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 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

Virginia: Arbitrator’s Award of Lien Reimbursement to Comp Insurer Need Not Be Shared With Injured Worker
Posted on 1 Apr 2016 by Larson's Spotlight

Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds... Read More

North Carolina: UIM Carrier Has Standing to Seek Determination of Subrogation Lien
Posted on 11 Aug 2016 by Thomas A. Robinson

Where the employer and its servicing agent paid $528,665.61 in workers’ compensation benefits to an injured employee and the employee was awarded a substantially smaller sum, $285,000.00, in his third party suit against the driver of another vehicle... Read More

California: Professional Copy Services and Registration Requirements
Posted on 6 Oct 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In cases of first impression, the WCAB has interpreted Business and Professions Code section 22450 to exempt a copy service acting on behalf of an attorney from business registration requirements In Cacique v. Metro Pad & Fusing , 2015 Cal.... Read More

Illinois: Employer’s Right to Workers’ Compensation Lien is Absolute
Posted on 18 May 2018 by Thomas A. Robinson

Under the plain language of 820 ILCS 305/5(b) (2016), an employer's right to reimbursement of the full amount of benefits paid or to be paid to the injured or deceased worker is absolute; it may not be diminished or, as in this case, strikes by a... Read More

California: SB 863’s $150 Lien Fee Is Not Unconstitutional
Posted on 1 Apr 2016 by Larson's Spotlight

A California appellate court dismissed a claim filed by two workers who objected to the state’s workers’ compensation lien filing fee and non-assignment provisions of Labor Code §§ 4903.05, subd. (c) and 4903.8, finding that the... Read More

California: Another Hurdle for Lien Claimants
Posted on 7 Apr 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Guerrero v. Easy Staffing , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, affirmed the WCJ’s order dismissing the lien of Advance Care Specialist Medical Clinic (ACSMC) for failure to timely file the lien pursuant to... Read More

California: Angelotti Challenge Fails
Posted on 1 Jul 2015 by Julius Young

The U.S. Court of Appeals 9th Circuit has now handed a big win to the architects of the SB 863 reforms. The case is Angelotti Chiropractic et al v. Baker (see link to the opinion below). Angelotti was a constitutional challenge to the lien activation... Read More