Workers' Compensation

Recent Posts

Delaware: Election of Remedies Issue Depends Upon Resolution to Final Judgment, Not Successful Resolution Question
Posted on 24 Jul 2015 by Larson's Spotlight

As is the case in a number of states, Delaware allows an injured employee of an uninsured employer two avenues of relief: (a) to pursue workers’ compensation benefits against the employer with the Industrial Accident Board, and (b) to sue the employer... Read More

Massachusetts: Reinsurer, Not Trust Fund, Responsible for Payment of Benefits Following Employer’s Insolvency
Posted on 4 May 2018 by Thomas A. Robinson

Where an insolvent self-insured employer held a $2.4 million surety bond with Safeco Insurance Company and also maintained a reinsurance policy with ACE American Insurance (ACE) that contained a retention provision in the amount of $400,000, continued... Read More

New York: Withdrawal of Partner Does Not Cause Loss of Coverage under Employer’s Workers’ Comp Insurance Policy
Posted on 18 May 2018 by Thomas A. Robinson

Where a father and son operated a farm business as a partnership, securing workers’ compensation insurance through the State Insurance Fund (“SIF”), the subsequent withdrawal of the father from the partnership, with the son’s continuance... Read More

New York: $86,000 Penalty Assessed for Failure to Provide Coverage for Live-in Domestic Worker
Posted on 22 Jun 2017 by Thomas A. Robinson

Where a husband and wife employed a live-in domestic to perform housekeeping and child care duties, but failed to maintain workers’ compensation insurance, it was appropriate for the New York Workers’ Compensation Board to impose an $86,000... Read More

Applicant Shot at Illegal Marijuana Growing Business Suffered Compensable Injury: Cal. Comp. Cases December Advanced Postings (12/16/2015)
Posted on 17 Dec 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the December 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... Read More

Pennsylvania: Late Notice of Employer’s Uninsured Status by Worker Limits Both Medical and Wage Loss Benefits
Posted on 13 May 2016 by Larson's Spotlight

Pursuant to 77 Pa. Cons. Stat. § 2703(b), if an injured worker fails to notify the Uninsured Employers Guaranty Fund (Fund) within 45 days after the worker knows that the employer is uninsured, the Fund is not obligated to provide “compensation”... Read More

Colorado: $840,000 Fine For Failure to Insure Was Excessive
Posted on 2 Mar 2017 by Thomas A. Robinson

The imposition of more than $840,000 fine against an uninsured employer was unconstitutionally excessive under both the 8th Amendment to the U.S. Constitution and a similarly-worded provision of the Colorado constitution, where the fine was based upon... Read More

Larson’s Spotlight on Recent Cases: Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer
Posted on 22 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Five Recent Cases You Should Know About (4/15/2011)
Posted on 15 Apr 2011 by Larson's Spotlight

Larson's Spotlight on Termination of Benefits, Employee Status, Penalty for Unreasonable Defense of Claim, Wrongful Death, and Loss of Sight. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... Read More

Larson’s Spotlight on Recent Cases: Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer
Posted on 22 Jun 2012 by Larson's Spotlight

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More