Workers' Compensation

Recent Posts

Colorado: Supreme Court Says $841,200 for Failure to Maintain Workers’ Comp Insurance May Be Unconstitutionally Excessive
Posted on 16 Jun 2019 by Thomas A. Robinson

Stressing that the Eighth Amendment’s prohibition against the imposition of “excessive fines” applies not only to fines that are levied against individuals, but also against corporations, the Supreme Court of Colorado, with one partially... Read More

Missouri: Failure to Wear Truck Seatbelt Does Not Result in Forfeiture of Benefits
Posted on 27 Apr 2018 by Thomas A. Robinson

An employer was not entitled to a reduction in a workers’ compensation award on the basis that an employee had failed to use safety devices (seat belts and a safety hat) provided by the employer [see Mo. Rev. Stat. § 287.120.5] because the... Read More

Colorado: $840,000 Fine For Failure to Insure Was Excessive
Posted on 2 Mar 2017 by Thomas A. Robinson

The imposition of more than $840,000 fine against an uninsured employer was unconstitutionally excessive under both the 8th Amendment to the U.S. Constitution and a similarly-worded provision of the Colorado constitution, where the fine was based upon... Read More

AIG Reaches $146.5M Settlement With States' Complaint for Misreporting Workers' Compensation Premiums
Posted on 5 Jun 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Florida Insurance Commissioner Kevin McCarty announced today that a settlement has been reached between American International Group, Inc. (AIG) and its affiliates with all 50 states and the District of Columbia, as a result of AIG misreporting $2.12... Read More

Kentucky: Self-Insurance Fund Responsible for 30 Percent Enhancement of Benefits for Insolvent Employer’s Safety Violation
Posted on 20 Oct 2017 by Thomas A. Robinson

Ky. Rev. Stat. Ann. 342.165(1), which provides for a 30 percent increase in workers’ compensation benefits where the workplace accident is caused in any degree by the intentional failure of the employer to comply with certain specific safety regulations... Read More

Illinois: Nine Percent Judgment Interest Does Not Apply to Affirmance of Arbitrator's Award
Posted on 23 Feb 2018 by Thomas A. Robinson

Illinois’ Administrative Review Law has no bearing on the provisions of the state’s Worker’s Compensation Act, which sets forth a specific procedure for the review of an arbitrator's workers' compensation award at all levels... Read More

California: Unreasonable Denial of Medical Treatment by Abruptly Withdrawing Authorization for Injured Worker’s Opioid Pain Medication
Posted on 18 May 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Both utilization review physician and MTUS expressly recommended slow tapering of opioid pain medications The WCAB, in a split panel opinion, rescinded a WCJ’s order denying the applicant’s petition for penalty under Labor Code § 5814... Read More

Virginia: Civil Penalty When Uninsured for Workers’ Compensation Will Significantly Increase Effective July 1, 2014
Posted on 21 May 2014 by LexisNexis Workers' Comp Law Newsroom Staff

Richmond, Virginia, May 21, 2014: The 2014 General Assembly approved an increase in the civil penalty imposed when an employer required to insure under the Workers’ Compensation Act fails to insure. An employer is required by state law to insure... Read More

New York: $86,000 Penalty Assessed for Failure to Provide Coverage for Live-in Domestic Worker
Posted on 22 Jun 2017 by Thomas A. Robinson

Where a husband and wife employed a live-in domestic to perform housekeeping and child care duties, but failed to maintain workers’ compensation insurance, it was appropriate for the New York Workers’ Compensation Board to impose an $86,000... Read More

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)
Posted on 9 Aug 2014 by California Compensation Cases Staff

Here’s the second batch of advanced postings for August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

California WCAB Panel Addresses Temporary Disability With Salary Continuation Under the Education Code
Posted on 19 Nov 2011 by Bruce P White

By Bruce P. White, Esq. A WCAB panel has recently issued an important decision that will give guidance to the workers’ compensation community on salary continuation plans. The decision in Fiorentino v. Allan Hancock College , ADJ7527243, is... Read More

California: Arbitrary UR Cycles of Denials and Authorizations for Prescription Medications
Posted on 22 Jan 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Defendants can submit every prescription request to UR, but is this cost effective and does it fulfill their obligation to provide appropriate medical treatment to cure or relieve injured workers from the effects of their industrial injuries? In Cordova... Read More

California: Delay in Payment of Disability Retirement Advances: Is it Subject to an LC 5814 Penalty?
Posted on 3 Mar 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Gage v. County of Sacramento , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, reversing the WCJ in a split panel opinion, held that the defendant’s delay in the payment of disability retirement advances to the applicant deputy sheriff who suffered... Read More

California: No Penalty for Nearly Seven-Month Delay in Providing Dental Services Approved by Utilization Review
Posted on 1 Mar 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Murphy v. Petsmart, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB rescinded the WCJ’s order awarding a maximum 25 percent penalty under Labor Code § 5814 for the defendant’s delay in providing dental treatment to an... Read More

California: The Applicant’s Attorney's Right to a 5814.5 Fee
Posted on 3 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The WCAB explains why a 5814.5 fee should be awarded where a 5814 penalty is found In Juarez v. Watkins Manufacturing Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, having previously issued a Notice of Intention (NIT) to award attorney’s... Read More