Workers' Compensation

Recent Posts

Mississippi: Evidence Supports Commission’s Decision to Deny Quadriplegic’s Settlement Agreement
Posted on 3 Aug 2021 by Thomas A. Robinson

Stressing the discretion allowed the Mississippi Workers’ Compensation Commission in granting—or denying—an injured worker’s petition to settle and close out the medical portion of his workers’ compensation claim, a state... Read More

United States: Bankruptcy Debtor Fails in Attempt Avoid Paying Med Providers
Posted on 11 Apr 2021 by Thomas A. Robinson

A U.S. Bankruptcy Court, construing Wisconsin’s property exemptions law, Wisconsin Statute § 102.27, held that the sum of $400,000, which had been paid by the workers’ compensation carrier of the bankruptcy debtor’s employer into... Read More

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

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

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

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: 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

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