Workers' Compensation

Recent Posts

King v. CompPartners, Inc., et al.: Do Utilization Review Physicians Owe a Duty of Care to Applicants and What Is the Nature and Scope of the Duty of Care
Posted on 9 Feb 2016 by Raymond F. Correio

By Raymond F. Correio, Esq. A recent decision from the Fourth District Court of Appeal, King v. CompPartners, Inc., et al. 243 Cal.App.4th 685, 80 Cal. Comp. Cases 10 , certified for publication, raises a number of provocative issues which will no... Read More

Workers’ Compensation Opt-Out Laws: No Escape From ERISA Preemption?
Posted on 23 May 2016 by seemlessweb

In ERISA Congress has created a “lock-box” in which it both carefully defines and limits state exclusions from the statute and aggressively sweeps up through preemption anything that remains. Thus, if an employee welfare benefit plan is not... Read More

Federal: Retaliatory Discharge Action Not Dependent Upon CBA
Posted on 16 Aug 2013 by Larson's Spotlight

The 7th Circuit Court of Appeals recently held that a former employee's state court, state-law, retaliatory discharge claim under the Illinois Workers' Compensation Act (IWCA), was not a “disguised action under the Labor Management Relations... Read More

Court Denies Writ of Review of Enriquez En Banc Opinion (Air Ambulance Services): Cal. Comp. Cases August Advanced Postings (7/30/2014)
Posted on 30 Jul 2014 by California Compensation Cases Staff

Here’s the first 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

Federalization of Workers’ Comp: Politics, Opt-Outs and Survival of the State-Based Status Quo
Posted on 19 Feb 2016 by Karen C. Yotis

By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter A chronicle of workers’ compensation in the United States tells the story of a persistent (but failing) federal advocacy that gives... Read More

Undocumented Workers: U.S. Supreme Court Denies Cert in Sierra Chemical v. Salas
Posted on 5 Dec 2014 by Karen C. Yotis

California WCAB applies Salas to another Salas case Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’... Read More

Workers’ Comp Agency Declares Oklahoma Opt-Out Statute Unconstitutional
Posted on 29 Feb 2016 by seemlessweb

The Oklahoma Workers’ Compensation Commission’s decision may ultimately have set up a collision between ERISA preemption and the Oklahoma State Constitution By Michael C. Duff, Assoc. Dean of Student Programs and External Relations, and... Read More

California: Do Collective Bargaining Agreements Preempt Labor Code Section 132a?
Posted on 20 May 2016 by Brad Wixen

Undercurrents and Future Currents: Bargaining Outside the Law in Labor Code Section 132a By Brad Wixen, Esq. In the case of Salazar v. Leprino Foods , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the facts are straightforward. The employer was found after... Read More

Divided Sixth Circuit Court Delivers Body Blow to Michigan’s Continuing Battle Regarding RICO Claims and Comp Exclusivity
Posted on 12 Apr 2012 by Thomas A. Robinson

By Thomas A. Robinson A divided Sixth Circuit Court of Appeals, in Brown v. Cassens Transp. Co. , 2012 U.S. App. LEXIS 6929 (6th Cir. Apr. 6, 2012), has again reversed the dismissal of plaintiff employees’ RICO action and remanded it to the United... Read More

Divided Sixth Circuit Court Delivers Body Blow to Michigan’s Continuing Battle Regarding RICO Claims and Comp Exclusivity
Posted on 12 Apr 2012 by Thomas A. Robinson

By Thomas A. Robinson A divided Sixth Circuit Court of Appeals, in Brown v. Cassens Transp. Co. , 2012 U.S. App. LEXIS 6929 (6th Cir. Apr. 6, 2012), has again reversed the dismissal of plaintiff employees’ RICO action and remanded it to the United... Read More

Five Recent Cases You Should Know About (10/22/2010)
Posted on 21 Oct 2010 by Larson's Spotlight

Larson's Spotlight on Undocumented Worker, Consequential Injury, Injuries From False Arrest, Occupational Disease - Lyme Disease, Light Work Duty. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More

U.S. Supreme Court Won't Hear Illegal Alien Work Injury Case
Posted on 8 Mar 2011 by LexisNexis Workers' Comp Law Newsroom Staff

Last week the U.S. Supreme Court declined to review a case from Louisiana concerning workers' compensation benefits for an injured worker who was an illegal alien, and whether the Immigration Reform and Control Act of 1986 preempts state law awards... Read More

Julie Myers Wood Discusses Arizona's Controversial Immigration Law
Posted on 14 May 2010 by Julie Myers Wood

In this Emerging Issues commentary, Julie Myers Wood, former Assistant Secretary running U.S. Immigration and Customs Enforcement (ICE), examines the new Arizona immigration law (S.B. 1070, amended by H.B. 2162). She analyzes some key relevant provisions... Read More