Construing Alaska Stat. §§ 23.30.107 and 23.30.107, the Supreme Court of Alaska held that with regard to an worker who had sought workers' compensation benefits, the employer was entitled to have access to the worker's mental health... Read More

Testimony and medical reports prepared by two physicians were properly excluded by a New York WCLJ where the employer's carriers caused multiple subpoenas duces tecum to be served on the physicians and on multiple occasions, the doctors refused to... Read More

While an injured worker is required to provide the employer and carrier with reasonable and relevant access to his or her medical records, the worker need not always sign an unlimited medical release provided by the employer, held an Ohio appellate court... Read More

Where an injured worker filed a claim for benefits with the Office of Workers’ Compensation Programs for total/permanent disability benefits under the Longshore and Harbor Workers Compensation Act (LHWCA) and, without notice to the employer, settled... 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

An injured Pennsylvania worker, whose disability status was modified from permanent to temporary in 2008, based upon a 2006 impairment rating evaluation (IRE), who then exhausted her 500 weeks of partial disability benefits and, within three years of... Read More

Language contained in a preprinted Compromise & Release form, which purported to release the employer from liability for ”any and all potential claims” did not constitute a waiver by a former employee when he subsequently filed suit against... Read More

A Massachusetts appellate court held that an insurer's assumption of payment does not purport to constitute a waiver of its right to contest coverage with respect to another insurer. Accordingly, where the first insurer initially evaluated the matter... Read More

William Dorsey, Administrative Law Judge [fn1], Scott Hardy, Attorney Advisor, OALJ San Francisco A ttorney’s fees and costs often are available under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.S. § 901 et seq.) to... Read More

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of... Read More

The WCAB explains why a 5814.5 fee should be awarded where a 5814 penalty is found In Juarez v. Watkins Manufacturing Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, having previously issued a Notice of Intention (NIT) to award attorney’s... Read More

In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be... Read More

Larson's Spotlight on Waiver of Benefits, Intervention, Psychiatric Claim, and Borrowed Employee. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More

Lexis.com subscribers can link to the cases and statutes cited below. Almost 100 years ago, our Legislature was directed to “create and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the... Read More

Featured Case of the Week: Severance Agreement Waiving Workers' Comp Benefits Not Valid Sompo Japan Insurance Company of America (formerly known as Yasuda Fire & Marine Insurance Company, c/o Broadspire, a Crawford Co.), insurer for Canon... Read More