Workers' Compensation

Recent Posts

Ohio: Worker’s Estate May Not Sue Bureau of Workers’ Compensation Re Alleged Faulty Inspections
Posted on 4 Jan 2019 by Thomas A. Robinson

The estate of an Ohio employee who sustained fatal injuries in an extrusion press accident may not maintain a civil action against the state’s Bureau of Workers’ Compensation (“BWC”) for its alleged negligent provision of safety... Read More

Oklahoma: Intentional Tort Case May Continue Under “Substantially Certain” Rule
Posted on 8 Jul 2016 by Larson's Spotlight

The Supreme Court of Oklahoma held that there were material issues of fact as to whether the decedent’s employer knew that injury or death was substantially certain to result from the task decedent and his coworkers were directed to complete and... Read More

The Impact of OSHA Developments on Workers’ Comp: Ch-ch-changes (Turn and Face the Shame)
Posted on 24 Aug 2015 by Karen C. Yotis

Warning Employers About a New Enforcement Paradigm By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter Something’s afoot at the Occupational Safety & Health Administration, and... Read More

Occupational Safety Research: The Potentials and Hurdles of Using Workers’ Comp Data
Posted on 1 Sep 2015 by Roger Rabb

By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Last December at the National Institute for Occupational Safety and Health (NIOSH) Workers’ Compensation Leaders Research Colloquium in Washington... Read More

Remote Work Policy: The Pro’s and Con’s
Posted on 7 Aug 2015 by LexisNexis Workers' Comp Law Newsroom Staff

By Ryan Benharris, Esq. The American dream of a 40-hour work week long ago abandoned the notion that work has to be a fixated place of employment. The ever-changing face of the workforce in the U.S. sees millions of people working from home or some... Read More

The Adversaries and Frenemies of Workers’ Compensation
Posted on 21 Sep 2015 by Karen C. Yotis

Coming down on the side of a system that endures “You have enemies? Good, that means you stood up for something.” – Eminem By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. When it comes to workers’ compensation... Read More

8 Myths and Facts About Workers’ Compensation (August 2016)
Posted on 19 Aug 2016 by LexisNexis Workers' Comp Law Newsroom Staff

The LexisNexis Legal Newsroom Workers’ Compensation Law has interviewed leading experts from different segments of the workers’ compensation industry to tell us some common myths and facts about workers’ compensation. Note that the myths... Read More

IAIABC Taking Part in Shaping the Future of Workers’ Compensation
Posted on 4 May 2016 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC On April 20, 2016, the IAIABC kicked off the National Conversation on the Future of Workers’ Compensation at its Forum in Santa Fe, New Mexico. In a three hour session, questions were... Read More

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness
Posted on 24 Apr 2015 by Karen C. Yotis

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’ comp world. For a Schedule I drug with no currently... Read More

How to Achieve a Desirable Experience Modification Factor Under NCCI’s New System
Posted on 27 Sep 2012 by John Stahl

By John Stahl, Esq. A recent Risk & Insurance webinar entitled “Big Changes Coming in Workers’ Compensation Premiums” stresses that actively reducing your “Experience Modification Factor” (“mod”) today should... Read More

Missouri: Court Tightens Burden of Missouri Employer to Invoke Safety Penalty
Posted on 14 Sep 2012 by Martin Klug

Claimant carried a 100-pound roll of composite on to a roof, he hurt his back and became totally disabled. The Western District court of appeals reversed the 50% safety penalty on his benefits applied by the administrative law judge and the Commission... Read More

The Triangle Shirtwaist Fire: One Hundred Years Later
Posted on 15 Mar 2011 by Stephen C. Embry

On March 25, 1911 six hundred workers were ending their day at the Triangle Shirtwaist Company on the top floors of the 10-story Asch Building located on Washington Square East in Manhattan. Shortly before 4:45 p.m. fire broke out in wooden scrap... Read More

Missouri: Court Tightens Burden of Missouri Employer to Invoke Safety Penalty
Posted on 14 Sep 2012 by Martin Klug

Claimant carried a 100-pound roll of composite on to a roof, he hurt his back and became totally disabled. The Western District court of appeals reversed the 50% safety penalty on his benefits applied by the administrative law judge and the Commission... Read More

Exclusive Remedy Bars Contribution Claim, But Not Indemnification Claim
Posted on 26 Feb 2010 by Thomas A. Robinson

An employer ("the employer") determined that it should install special safety mats around a shear cutting machine to eliminate hazards presented when a worker stood too close to the machine. The safety mats functioned by shutting the cutting... Read More