Workers' Compensation

Recent Posts

New York: Party Stuck With Settlement Stipulation Offered in Open Court
Posted on 10 May 2019 by Thomas A. Robinson

A New York appellate court recently held a plaintiff was bound by his attorney’s open-court stipulation with defendants that the case had been settled for $325,000. Plaintiff could not later declare the settlement “null and void” because... Read More

Arizona: Injured Worker May Not Use Post-Settlement Trial to Determine Level of Employer’s Fault in Order to Reduce Insurance Carrier’s Lien
Posted on 3 Aug 2018 by Thomas A. Robinson

In Arizona, as in virtually all other jurisdictions, an insurance carrier providing workers’ compensation benefits to an injured worker enjoys a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently... Read More

Federal Judge Approves $450M AIG Workers’ Comp Class Action Settlement
Posted on 13 Mar 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Liberty Mutual plans to appeal the judge's order. The dispute centers on allegations that AIG intentionally underestimated its workers' comp premiums to avoid premium taxes and substantial residual market charges before 1996. Read more at InsuranceNewsNet... Read More

California: Commonly Missed Regulations and Rules
Posted on 13 Jan 2017 by Calif. WCAB Noteworthy Panel Decisions Reporter

Familiarity with the Labor Code and the WCAB/DWC regulations is a fundamental necessity for practicing workers’ compensation law in the State of California. Given this fact, it is surprising how many attorneys show up on the day of trial without... Read More

The Fog of Adequacy
Posted on 16 Aug 2013 by Stephen C. Embry

By Stephen Embry, Embry and Neusner, Groton, Connecticut The driving force of the law is fear, which promotes dispute resolution. In the ordinary course of human affairs disputes and controversies arise and are resolved informally. It is rare that... Read More

California: Top 25 Noteworthy Panel Decisions (July–December 2015)
Posted on 3 Jan 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and... Read More

The Valentine’s Day Post: A Whitman’s Sampler of DE Motion Day Rulings
Posted on 14 Feb 2013 by Cassandra Roberts

As my girls used to say when they were little, today is a "lucky day".....which by their standards meant a special day such as when the school cafeteria was serving hot dogs and tater tots. I cherish today because this particular Valentine's... 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

California Workers’ Comp Case Roundup (7/7/2016)
Posted on 8 Jul 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 6 June 2016 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

California: Medicare Settlement Agreements: The Perils of Unanticipated Problems After Settlement
Posted on 17 Apr 2017 by LexisNexis Workers' Comp Law Newsroom Staff

What exactly is the role of the WCAB, not to mention the parties to the C&R, in addressing unanticipated problems that come up with an MSA after settlement? In Muniz Villalpando v. Doherty Brothers , 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB... Read More

FEHA Settlement Didn’t Preclude TTD Award: Cal. Comp. Cases November Advanced Postings (10/22/2013)
Posted on 22 Oct 2013 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the November 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All... Read More

Defendant Entitled to Credit for Full Amount of Long-Term Disability Benefits: Cal. Comp. Cases February Advanced Postings (2/5/2015)
Posted on 6 Feb 2015 by California Compensation Cases Staff

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

Missouri: Court Compels Commission To Approve Settlement
Posted on 9 Jul 2014 by Martin Klug

A surviving widow negotiated with the employer to obtain a lump sum settlement but the Commission refused to approve the settlement and asserted that the agreement was not in accordance with her rights because it was less than the present value of the... Read More

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware
Posted on 13 Apr 2012 by Cassandra Roberts

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding... Read More