Workers' Compensation

Recent Posts

Larson’s Spotlight on Recent Cases: On-Call Surgical Technician’s Claim Not Barred by Going and Coming Rule
Posted on 22 Mar 2013 by Larson's Spotlight

Larson's Spotlight on Going and Coming, Retaliation, Lyme Disease, and Exclusive Remedy. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

Unnecessary Litigation in Workers’ Comp Claims Process: Training and Communication Are Key
Posted on 11 May 2012 by John Stahl

By John Stahl, Esq. Dr. Bogdan Savych of the Workers’ Compensation Research Institute (WCRI) said at the outset of his May 10, 2012 webinar entitled “Avoiding Litigation: What Can Employers, Payers and States Do” that the goals of... Read More

Federal: Oregon’s Retaliatory Discharge Statute Offers No Protection Where Comp Claim Filed in Another State
Posted on 9 Jun 2016 by Larson's Spotlight

A federal district court in Oregon, construing Or. Rev. Stat. § 659A.040—the state’s retaliatory discharge provision—held that the statute protects only those workers who apply for, invoke, or utilize the procedures of the Oregon... Read More

Missouri: Court Declines to Lower Burden to Prove Wrongful Discrimination Claims
Posted on 29 Dec 2012 by Martin Klug

Claimant asserts his boss fired him because he had a worker’s compensation case, but he failed to convince a jury of that claim. He had a disagreement with his employer whether he should take a break to rest and elevate his foot before completing... Read More

Missouri: Employee Need Not Show Comp Claim Was Exclusive Factor in Retaliatory Firing
Posted on 18 Apr 2014 by Larson's Spotlight

A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing... Read More

California Workers' Comp Case Roundup (11/8/2017)
Posted on 8 Nov 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 2017 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

FREE DOWNLOAD: Guerra v. Mr. Rooter Plumbing (Calif. WCAB panel) (132a discrimination)
Posted on 2 Apr 2010 by LexisNexis Workers' Comp Law Newsroom Staff

Richard Guerra v. Mr. Rooter Plumbing Discrimination—Labor Code § 132a—WCAB affirmed WCJ’s finding of § 132a violation when, among other things, none of the reasons defendant employer articulated for applicant’s termination... Read More

Missouri: “Show Me” the Comp Files
Posted on 18 Feb 2014 by Martin Klug

Missouri is back in the news as the Senate and Governor once again debate whether it is reasonable for an employer to be able to promptly determine if a job applicant has prior open or closed worker’s compensation cases. There they go again.... Read More

California Workers’ Comp Case Roundup (9/11/2014)
Posted on 11 Sep 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 8 August 2014 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

Ohio: Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury
Posted on 6 Jan 2017 by Thomas A. Robinson

The Supreme Court of Ohio, in a divided decision, held that a worker who tested positive for marijuana after seeking medical treatment for a work-related injury was nevertheless eligible for TTD benefits in spite of the fact that he had been fired after... Read More

California: The Right to Discovery vs. Privacy and Privilege
Posted on 10 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative... Read More

United States: Videotape of Plaintiff’s Interaction With Guest Dooms Retaliatory Discharge Claim
Posted on 18 Mar 2016 by Larson's Spotlight

A former employee’s claim that her former employer improperly discharged her in retaliation for filing a workers’ compensation claim was appropriately disposed of at the summary judgment level where the employee could not show that her employer’s... Read More

Missouri: Appeals Court Remands Retaliation Claim by State Employees
Posted on 13 Apr 2012 by Martin Klug

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could... Read More

Many Work-related Disabilities Go Uncompensated: Compromising "The Great Compromise"
Posted on 18 Jun 2012 by John Stahl

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right... Read More

A Call For Workers' Compensation Reform - Compromising The Great Compromise: Many Work-Related Disabilities Are Uncompensated
Posted on 27 Jun 2012 by John Stahl

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right... Read More