A defendant's contention that as an employer it was immune from tort liability in a civil action filed against it by an employee did not speak to the Washington trial court's subject matter jurisdiction, held a state appellate court. Accordingly... Read More
An Arkansas trial court erred in concluding that it had subject-matter jurisdiction over the employee's complaint in which it was alleged that the defendant employed the plaintiff but failed to secure workers’ compensation benefits for the employees... Read More
A challenge to a court’s jurisdiction can be offered at any time, held a North Carolina appellate court. Accordingly, in a wrongful death action filed by the administratrix of a young woman’s estate against the deceased’s employer, that... Read More
By: Mark Popolizio, Esquire In Caldera v. Insurance Company of State of Pennsylvania , No. C-11-321, 2012 U.S. Dist. LEXIS 12888 (S.D. Texas February 2, 2012) a claimant filed a private cause of action claim against the workers’ compensation carrier... Read More
The California Workers’ Compensation Appeals Board has recently issued two noteworthy panel decisions related to the WCAB’s subject matter jurisdiction in which the professional football player claimed cumulative trauma but played only a single... Read More
A truck driver’s contract of employment was not made in North Carolina where he was required to complete a three-day orientation, a road test, a drug test, and a physical exam in Mississippi—a hiring procedure that extended well beyond mostly... Read More
Recently, the WCAB issued a panel decision, Payne v. Federal Express, 2017 Cal. Wrk. Comp. P.D. LEXIS 243 . In Payne , the panel held that an agreement in a Compromise and Release with open medical approved years ago which provides that the AME would... Read More
Matthews v. National Football League Management Council (NFLMC); Tennesee Titans: Redefining the California Jurisdictional Equation in Cases Involving Contractual Choice of Law/Forum Provisions (Part I of II) © 2012 Raymond F. Correio, Senior Associate... Read More
CALIFORNIA COMPENSATION CASES Vol. 76 No. 11 November 2011 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 © Copyright 2011... Read More
By: Mark Popolizio, Esquire In Caldera v. Insurance Company of State of Pennsylvania , No. C-11-321, 2012 U.S. Dist. LEXIS 12888 (S.D. Texas February 2, 2012) a claimant filed a private cause of action claim against the workers’ compensation... Read More
Matthews v. National Football League Management Council (NFLMC); Tennesee Titans: Redefining the California Jurisdictional Equation in Cases Involving Contractual Choice of Law/Forum Provisions (Part I of II) © 2012 Raymond F. Correio, Senior... Read More
CALIFORNIA COMPENSATION CASES Vol. 76 No. 11 November 2011 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 © Copyright... Read More
Larson's Spotlight on Medicare Secondary Payer, Increased Risk, Recreational Social Activity, Neutral Risk, and Employment Contract. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More