Workers' Compensation

Recent Posts

Ohio: VSSR Settlement Agreement Must Be Equitable and Adequate
Posted on 21 Nov 2020 by Thomas A. Robinson

Ohio Admin.Code 4121-3-20(F)(1) requires that a staff hearing officer (SHO) review a proposed settlement agreement related to an alleged violation of specific safety requirements ("VSSR") claim for adequacy; a cursory review to determine if... Read More

Ohio: Spoliation of Evidence Claim Against Employer Barred by Board VSSR Settlement Agreement
Posted on 21 Nov 2020 by Thomas A. Robinson

A broad release contained within a settlement of a violation of specific safety requirements ("VSSR") claim, signed by an injured employee represented by counsel at the time, barred a later civil action filed by the employee against the employer... Read More

Maryland: Husband's Settlement Release Does Not Bar Non-Signing Spouse From Death Benefits
Posted on 27 Jun 2020 by Thomas A. Robinson

Stressing that a person who is not a party to a contract is not bound by its terms, a Maryland appellate court held that a widow was not bound by a settlement agreement signed by her husband that purported to release not only the husband's rights... Read More

Illinois: Description of Injury in Workers’ Compensation Settlement Agreement Did Not Bar Later Third-Party Claim for Additional Injuries
Posted on 8 Feb 2019 by Thomas A. Robinson

Where plaintiff, a semi-truck driver for a Pennsylvania corporation, sustained injuries in a vehicular accident in Grundy County, Illinois and eventually settled his Pennsylvania workers’ compensation claim by means of a settlement agreement in... Read More

Virginia: Claimant Bound by Terms of Settlement Agreement and Full Release
Posted on 18 Jan 2019 by Thomas A. Robinson

Where a claimant filed multiple claims, was represented by an attorney, and later entered into a settlement agreement that provided, inter alia , (a) that the employer would not be responsible for medical costs associated with a claimed right shoulder... Read More

United States: Claimant’s Unilateral Mistake Cannot Defeat Settlement and Release
Posted on 14 Dec 2018 by Thomas A. Robinson

Where a former employee, represented by counsel, sought workers’ compensation benefits and later settled his claim for $3,800, executing a settlement agreement and general release, it was inconsistent for him later to argue that the release should... Read More

California: Fine Print on Preprinted C & R Form Does Not Cause Waiver of Claims Outside Immediate Context of Workers’ Comp
Posted on 15 Jun 2018 by Thomas A. Robinson

Language contained in a preprinted Compromise & Release form, which purported to release the employer from liability for ”any and all potential claims” did not constitute a waiver by a former employee when he subsequently filed suit against... Read More

Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit
Posted on 3 Apr 2015 by Larson's Spotlight

Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s... Read More

Mississippi: Approval of Settlement Agreement After Worker’s Death Sustained
Posted on 1 Jun 2017 by Thomas A. Robinson

Where an injured employee and the employer (and carrier) executed a settlement agreement, forwarding it on to the state’s Workers’ Compensation Commission for approval and the employee died from unrelated causes two days before the agreement... Read More

Mississippi: Change in Condition Petition Denied Following Mediated Settlement
Posted on 4 May 2018 by Thomas A. Robinson

The burden of proof for showing a change in condition is on the party asserting the change. Accordingly, where it was undisputed that an employee sustained injuries in a work-related accident, but both the extent of her disability and the issue of resulting... Read More

California Workers' Comp Cases Roundup (4/11/2012)
Posted on 11 Apr 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 3 March 2012 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

Alabama: Settlement Agreement Signed by Parties, But Not Approved by Trial Court, Dies Along With Claimant
Posted on 2 Jul 2015 by Larson's Spotlight

Under the provisions of by Ala. Code § 25-5-56, the trial court must approve any agreement compromising an injured worker’s benefits in order to be enforceable. Under that rule, an Alabama appellate court affirmed a finding that a settlement... Read More

Vermont: Commissioner May Not Set Aside Settlement Agreement on Public Policy Grounds
Posted on 29 Sep 2017 by Thomas A. Robinson

Where a hearing officer approved a workers’ compensation settlement agreement that contained broad release language and had required the claimant to sign a separate letter acknowledging the breadth of the release of future rights to seek additional... Read More

Delaware: Exchange of Correspondence Regarding “Resolved” Back Injury Constitutes a Binding Settlement Agreement
Posted on 6 Nov 2015 by Larson's Spotlight

Substantial evidence supported a finding by the Industrial Accident Board that a worker and his employer had settled the worker’s back injury claim where an examining physician (hired by the defense) wrote a report saying that as of the date of... Read More