Workers' Compensation

Recent Posts

Washington: Employer Chooses Incorrect Subsection in Rule 12 Motion to Dismiss
Posted on 16 Sep 2019 by Thomas A. Robinson

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

Arkansas: Commission, Not Trial Court, Has Subject-Matter Jurisdiction Once Exclusive Remedy Issue is Raised
Posted on 8 Feb 2019 by Thomas A. Robinson

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

North Carolina: Subject Matter Jurisdiction Can Be Raised at Any Time
Posted on 15 Aug 2018 by Thomas A. Robinson

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

Court Dismisses Suit Seeking to Hold Carrier Liable for Reimbursing Medicare Payments
Posted on 9 Mar 2012 by Mark Popolizio, Esquire

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

California WCAB May Lack Jurisdiction Where Out-of-State Football Player Plays a Single Game in California
Posted on 27 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

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

North Carolina: No In-State Contract of Employment Where Driver Required to Undergo Three Days of Orientation and Tests in Mississippi Prior to Final Hire
Posted on 15 May 2015 by Larson's Spotlight

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

California: The Medical Treatment Benefit and Subject Matter Jurisdiction
Posted on 6 Jul 2017 by LexisNexis Workers' Comp Law Newsroom Staff

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 (Part I of II)
Posted on 31 Aug 2012 by Raymond F. Correio

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

Apportionment and Fibromyalgia: California Workers' Comp Case Roundup (12/8/2011)
Posted on 8 Dec 2011 by California Compensation Cases Staff

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

Court Dismisses Suit Seeking to Hold Carrier Liable for Reimbursing Medicare Payments
Posted on 9 Mar 2012 by Mark Popolizio, Esquire

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

California WCAB May Lack Jurisdiction Where Out-of-State Football Player Plays a Single Game in California
Posted on 27 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

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

Matthews v. National Football League Management Council (NFLMC); Tennesee Titans (Part I of II)
Posted on 31 Aug 2012 by Raymond F. Correio

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

Apportionment and Fibromyalgia: California Workers' Comp Case Roundup (12/8/2011)
Posted on 8 Dec 2011 by California Compensation Cases Staff

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

Five Recent Cases You Should Know About (10/8/2010)
Posted on 8 Oct 2010 by Larson's Spotlight

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