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
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
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
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
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
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
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
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
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
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
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
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 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 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
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