Workers' Compensation

Recent Posts

New York: Party Stuck With Settlement Stipulation Offered in Open Court
Posted on 10 May 2019 by Thomas A. Robinson

A New York appellate court recently held a plaintiff was bound by his attorney’s open-court stipulation with defendants that the case had been settled for $325,000. Plaintiff could not later declare the settlement “null and void” because... Read More

North Carolina: Situs of Employment Contract Not Changed by Modification in Another State
Posted on 2 Oct 2015 by Larson's Spotlight

In a divided decision, the Supreme Court of North Carolina, quoting Larson’s Workers’ Compensation Law , § 143.03[4], held that once an employment contract has been made—in this case, in South Carolina—the contract’s... Read More

Louisiana: Approved Settlement Agreement Can Be Modified to Address SSA Language Requirements
Posted on 1 Jun 2018 by Thomas A. Robinson

Where an injured worker and his employer/carrier entered into settlement agreement, subsequently approved by a WCJ, calling for payment of $148,574.00 ($8,574.00 of which was to be placed in a Medicare Set-Aside Account) to the worker, and the worker... Read More

California: Independent Medical Review – Which One Applies To What?
Posted on 26 Jul 2013 by Robert G. Rassp, Esq.

There is much confusion over the two Independent Medical Reviews in the California workers’ compensation system: MPN-IMR and UR-IMR. Attorneys should beware of mixing apples and oranges when it comes to these two separate and distinct processes... Read More

Vermont: Claimant’s Second Cervical Spine Claim Was Timely—Not Modification of Original Claim
Posted on 13 Oct 2017 by Thomas A. Robinson

The Supreme Court of Vermont held that a workers' compensation award of PPD benefits, based on damage to the C4-6 levels of claimant's cervical spine, did not preclude a subsequent award of PPD benefits, more than six years later, for damage to... Read More