Workers' Compensation

Recent Posts

United States: Settlement Proceeds Lose Exempt Status in NC When Used to Purchase Land and Mobile Home
Posted on 21 Nov 2020 by Thomas A. Robinson

Construing North Carolina exemptions law, a federal bankruptcy court held that a Chapter 13 debtor could not claim an exemption in land and a mobile home that he purchased with the proceeds of a workers' compensation settlement agreement. The court... Read More

Tags: exemption from creditors , Bankruptcy , settlement proceeds

Massachusetts: Family Court Judge Appropriately Awarded Wife $50,000 of Husband's Workers' Comp Settlement
Posted on 26 Jul 2020 by Thomas A. Robinson

A decision by a Massachusetts Probate and Family Court judge that allocated $50,000 of an injured worker's remaining workers' compensation settlement proceeds to his wife under the terms of a divorce and marital settlement was appropriate, held... Read More

Tags: Divorce , lien , settlement proceeds , property settlement , marital property

United States: Worker Who Settles Third-Party Tort Suit Without Notice to Employer Forfeits Right to Benefits Under Longshore Act
Posted on 21 Sep 2018 by Thomas A. Robinson

Where an injured worker filed a claim for benefits with the Office of Workers’ Compensation Programs for total/permanent disability benefits under the Longshore and Harbor Workers Compensation Act (LHWCA) and, without notice to the employer, settled... Read More

Tags: settlement proceeds , waiver , subrogation rights

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend
Posted on 8 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you... Read More

Tags: preauthorization , lien , settlement proceeds , statute of limitations , termination of benefits , course of employment , going and coming rule , medical care , forfeiture , development of injury

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)
Posted on 9 Aug 2014 by California Compensation Cases Staff

Here’s the second batch of advanced postings for August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

Tags: Temporary Disability , settlement proceeds , Apportionment , permanent disability , Attorney’s Fees , interest , California workers compensation , going and coming rule , depositions , penalty , interpreters

Massachusetts: Employer’s Subrogation Rights Do Not Extend to Worker’s Pain and Suffering Recovery
Posted on 19 Feb 2016 by Larson's Spotlight

The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee’s recovery from a third party for work-related injuries under Mass. Gen. Laws ch. 152, § 15, the lien does not attach to damages paid... Read More

Tags: double recovery , lien , settlement proceeds , third party recovery , Massachusetts workers compensation , pain and suffering , subrogation

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)
Posted on 18 Feb 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Tags: settlement proceeds , discovery , compromise and release , penalties , California workers compensation , delay in payment , witness statement , EEOC , C&R

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)
Posted on 28 May 2015 by California Compensation Cases Staff

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and... Read More

Tags: unavailable witness , insurance coverage , settlement proceeds , injury aoe/coe , medical treatment , statute of limitations , IMR , undocumented worker , attorney's fees , unreasonable delay , penalties , Jurisdiction , California workers compensation , UR , utilization review , skype , deported , independent medical review

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend
Posted on 8 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you... Read More

Tags: preauthorization , lien , settlement proceeds , statute of limitations , termination of benefits , course of employment , going and coming rule , medical care , forfeiture , development of injury