Workers' Compensation

Recent Posts

No Due Process Violation in Deferring Third-Party Credit Issue Until After Case-in-Chief Resolved: Cal. Comp. Cases July Advanced Postings (7/22/2015)
Posted on 22 Jul 2015 by California Compensation Cases Staff

Here’s the fifth batch of advanced postings for July 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 reserved... Read More

Tags: bifurcation , third party , California workers compensation , course of employment , Credit , utilization review

Federal: Carrier’s Subrogation Claim May Not Be Removed to Federal Court
Posted on 20 Jun 2014 by Larson's Spotlight

The Fifth Circuit Court of Appeals held the issue of whether a workers’ compensation insurance carrier was entitled to subrogation following a settlement between a third party and the insurance beneficiary employee arose under the Texas Workers’... Read More

Tags: bad faith claim , insurance beneficiary , Texas workers compensation , third party , breach of duty , Settlement , duty of good faith and fair dealing , subrogation

Employer’s Right to Credit in Third-Party Recovery Not Barred When Employer Not Aware of Hazardous Conditions: Cal. Comp. Cases October Advanced Postings (10/7/2015)
Posted on 8 Oct 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the October 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

Tags: hazardous , guardrail , third party , compromise and release , California workers compensation , Credit

New Mexico: Employer May Not Sue Third Party for Increased Comp Premiums and Other Collateral Damages
Posted on 11 Dec 2015 by Larson's Spotlight

While a business entity’s injured employees might state a claim against third parties for their physical injuries allegedly caused by those third parties’ negligence, the business entity itself, which has suffered neither a physical injury... Read More

Tags: lost profits , collateral damages , ratings modifier , third party , negligence , public policy , premiums , New Mexico workers compensation

Request for Additional Information Extended Time to Issue Utilization Review Determination: Cal. Comp. Cases June Advanced Postings (6/15/2016)
Posted on 15 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Tags: medical treatment , offset , presumption , third party , California workers compensation , time , UR , cancer , causation , deadline , utilization review , rating schedule , uninsured motorist

California: Somebody Else Did It! A Primer on Third Party Cases
Posted on 5 May 2011 by Howard Stevens

THIRD PARTY REMEDY The employee and employer each have an independent cause of action for damages against a negligent third party. Lab. Code § 3852 ; Buell v. CBS, Inc . (1982) 136 Cal. App. 3d 823, 825, 186 Cal. Rptr. 455 . The employee may... Read More

Tags: double recovery , lien , comparative fault , Attorneys Fees , third party , expectancy , reimbursement , workers compensation credit , subrogation , intervention