Workers' Compensation

Recent Posts

New York: WCLJ’s Factual Finding is Binding in Subsequent Third-Party Tort Action
Posted on 3 Oct 2021 by Thomas A. Robinson

A decision by a New York trial court granting defendants’ motion for summary judgment in a tort action filed against them was affirmed by a state appellate court where the essential issues related to potential liability had already been determined... Read More

Kentucky: Res Judicata is no Defense to Change in Condition Petition
Posted on 3 Oct 2021 by Thomas A. Robinson

An injured employee could reopen her claim based upon an alleged change of condition—her petition was not barred by the doctrine of res judicata—where the core issue was the employee’s contention that her degree of disability was to... Read More

Georgia: Res Judicata No Bar to Re-Thinking Medical Treatment
Posted on 21 Nov 2020 by Thomas A. Robinson

A Georgia appellate court held the doctrine of res judicata could not be utilized by the employer to block consideration of whether an injured employee should be potentially treated with a spinal cord stimulator in spite of an earlier ruling by an ALJ... Read More

Pennsylvania: Settlement of Claim Precludes Subsequent Civil Action Against Employer
Posted on 28 Mar 2020 by Thomas A. Robinson

The execution of a settlement agreement, in which the employee, a residential counselor at a Pennsylvania inpatient psychiatric facility, received a $40,000 lump sum from the employer in connection with injuries the counselor sustained when she was attacked... Read More

North Dakota: Res Judicata Bars Worker and Parents of Deceased Worker from Tort Recovery Against Purported Employer
Posted on 14 Sep 2019 by Thomas A. Robinson

Where the parents of a worker killed in an industrial accident and another worker who sustained injuries in the accident submitted applications for workers’ compensation benefits and accepted them, the parties could not later maintain a civil action... Read More

Connecticut: Causation Determination under Longshore Act Precludes Re-Litigation of Issue in State Workers’ Compensation Matter
Posted on 21 Sep 2018 by Thomas A. Robinson

An employer was collaterally estopped from litigating the issue of causation with respect to a death benefits claim filed by the widow of a worker who had been exposed to asbestos during his employment where that issue had already been litigated between... Read More

Iowa: Psychiatrist’s Reopening Petition Based Upon Alleged “New” Mental Disorder Denied
Posted on 14 Sep 2018 by Thomas A. Robinson

An Iowa appellate court affirmed the denial of a psychiatrist’s petition to reopen his prior workers' compensation settlement agreement in which he alleged that he had developed a mental disorder as a result of his original injuries and that... Read More

Washington: Neither Collateral Estoppel Nor Res Judicata Bar Firefighter’s Claim for Brain Tumor
Posted on 19 Jul 2018 by Thomas A. Robinson

A long-time firefighter’s unsuccessful earlier claim that he was entitled to TTD benefits for five weeks of lost time in 2011, during which he recovered from the surgical removal of a malignant melanoma on his shoulder, did not mean that a subsequent... Read More

Connecticut: Arbitration Decision Adverse to Discharged Employee Does Not Bar Separate Retaliatory Discharge Action
Posted on 13 Jul 2018 by Thomas A. Robinson

A former employee should be permitted to pursue a claim under against a former employer for retaliatory discharge under Conn. Gen. Stat. § 31-290a, in spite of the fact that the former employee’s union filed a grievance that was submitted to... Read More

Virginia: Employee Gets Just One “Swing” at Proving Her Case
Posted on 6 Apr 2018 by Thomas A. Robinson

A September 2015 determination that there was no medical evidence causally linking an employee’s workplace injury to her arthritis was not an invitation for the employee to create the evidence and “take another swing” on appeal, held... Read More

Pennsylvania: Decision in Heart and Lung Claim Not Binding on Workers’ Compensation Judge
Posted on 14 Apr 2017 by Thomas A. Robinson

Reiterating the rule that in Pennsylvania, the doctrines of collateral estoppel and res judicata generally apply to workers’ compensation cases, but that the doctrines only apply where there is substantial identity in issues before the respective... Read More

California: Court of Appeal Reverses W.C.A.B. Ruling on Res Judicata
Posted on 26 Jul 2013 by Richard M. Jacobsmeyer

Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The bracketed cites link to Lexis Advance. The 2nd Appellate District has ordered publication of an opinion previously issued as unpublished which provides important clarification... Read More

California Workers' Comp Case Roundup (8/10/2013)
Posted on 10 Aug 2013 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 7 July 2013 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

California Workers’ Comp Case Roundup (4/29/2016)
Posted on 29 Apr 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 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 ISSUE... Read More

The Song of Solomon Post....and Another Two of Your Delaware "Motion Day" Questions Answered!
Posted on 13 Sep 2011 by Cassandra Roberts

First, a shout out to my dear husband Tom. Today is our eighth wedding anniversary. And yes, you could say it is indeed better "the second time around." To borrow from my wedding invitation: "Many waters cannot quench love; rivers cannot... Read More