Workers' Compensation

Recent Posts

United States: Canadian Government Not Immune from Tort Suit Filed by U.S. Citizen Injured While Working at Canadian Consulate in Boston
Posted on 27 Jun 2019 by Thomas A. Robinson

In a split decision, the U.S. Court of Appeals for the First Circuit held the Canadian government was not immune from a suit filed against it by a U.S. citizen who sustained a work-related injury while working as an administrative assistant to the Consul... Read More

Tags: Canada , uninsured employers , tort action , sovereign immunity

Colorado: Supreme Court Says $841,200 for Failure to Maintain Workers’ Comp Insurance May Be Unconstitutionally Excessive
Posted on 16 Jun 2019 by Thomas A. Robinson

Stressing that the Eighth Amendment’s prohibition against the imposition of “excessive fines” applies not only to fines that are levied against individuals, but also against corporations, the Supreme Court of Colorado, with one partially... Read More

Tags: fine , uninsured employers , penalty , employee misclassification

Missouri: Claimant Entitled to Pre-judgment Interest Against Second Injury Fund
Posted on 24 May 2012 by Martin Klug

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only... Read More

Tags: Missouri , second injury fund , Martin Klug , unpaid bills , workers’ compensation insurance , Eason v. Treasurer of Missouri , medical expenses , strict construction , uninsured employers , Missouri Labor and Industrial Relations Commission , pre-judgment interest

North Dakota: Employee Misclassification Can Result in “Dual” Liabilities for Employer
Posted on 18 Aug 2017 by Thomas A. Robinson

Answering seven certified questions from a magistrate judge for the U.S. District Court for the District of North Dakota, that state’s Supreme Court concluded that to the extent that a worker could show that her purported employer intentionally... Read More

Tags: uninsured employers , employee misclassification , exclusive remedy rule

California Workers' Comp Case Roundup (1/20/2017)
Posted on 20 Jan 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 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... Read More

Tags: Jurisdiction , California workers compensation , finality of decisions , uninsured employers , asbestos , liability insurance

California Workers' Comp Case Roundup (5/4/2014)
Posted on 5 May 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 2014 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

Tags: statute of limitations , attorney's fees , disability retirement , vicarious liability , negligence , employment relationship , civil actions , special employers , California workers compensation , uninsured employers , equitable estoppel , qualified medical examiners , public employees , general employers , exclusive remedy rule , subsequent injuries , equitable tolling

California Workers' Comp Case Roundup (12/6/2016)
Posted on 6 Dec 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 11 Nov 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

Tags: disability retirement , California workers compensation , uninsured employers , exclusive remedy rule , respondeat superior

California Workers' Comp Case Roundup (4/30/2018)
Posted on 30 Apr 2018 by LexisNexis Workers' Comp Law Newsroom Staff

CALIFORNIA COMPENSATION CASES Vol. 83 No. 4 Apr 2018 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

Tags: self-insurers , uninsured employers , Fraud , reinsurance policy , Indian tribes , exclusive remedy rule , lien claimants

New Mexico: Six-Year Delay by Uninsured Fund to Reinstate Reimbursement Petition Was Untimely
Posted on 24 Feb 2017 by Thomas A. Robinson

A New Mexico trial court did not abuse its discretion in refusing to reinstate a 2006 Petition filed by the Uninsured Employers’ Fund (“UEF”) against an employer where the UEF’s Petition was initially dismissed, without prejudice... Read More

Tags: delay , no progess , latches , uninsured employers , untimely

Missouri: Claimant Entitled to Pre-judgment Interest Against Second Injury Fund
Posted on 24 May 2012 by Martin Klug

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only... Read More

Tags: Missouri , second injury fund , Martin Klug , unpaid bills , workers’ compensation insurance , Eason v. Treasurer of Missouri , medical expenses , strict construction , uninsured employers , Missouri Labor and Industrial Relations Commission , pre-judgment interest