Workers' Compensation

Recent Posts

Alaska: Employer Given Broad Access to Claimant's Mental Health Records
Posted on 26 Jul 2020 by Thomas A. Robinson

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

New York: Employer and Carriers Do Not Waive Right to Cross-Examine Medical Experts Where They Fail to Enforce Subpoenas
Posted on 20 May 2020 by Thomas A. Robinson

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

Ohio: Injured Worker Need Not Provide Unlimited Medical Release
Posted on 26 Apr 2019 by Thomas A. Robinson

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

United States: Worker Who Settles Third-Party Tort Suit Without Notice to Employer Forfeits Right to Benefits Under Longshore Act
Posted on 21 Sep 2018 by Thomas A. Robinson

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

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

Pennsylvania: Court OKs Reinstatement of Permanent Benefits for “Pre-Protz” Claimant
Posted on 15 Jun 2018 by Thomas A. Robinson

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

California: Fine Print on Preprinted C & R Form Does Not Cause Waiver of Claims Outside Immediate Context of Workers’ Comp
Posted on 15 Jun 2018 by Thomas A. Robinson

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

Massachusetts: Between Insurers, Payment of Benefits Is No Waiver of Right to Contest Coverage
Posted on 13 Dec 2013 by Larson's Spotlight

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

Do You Know When Your Fee Petition Is Due? The Rocky Road Untimely Attorney’s Fee Petitions Travel
Posted on 22 Apr 2016 by BRBS Longshore Reporter Staff

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

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived
Posted on 7 Aug 2015 by Larson's Spotlight

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

California: The Applicant’s Attorney's Right to a 5814.5 Fee
Posted on 3 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

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

New Jersey: Employment Contract Clause Limiting Statute of Limitations Is Ineffective Against Employee
Posted on 16 Jun 2016 by Larson's Spotlight

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 Recent Cases: No Waiver of Benefits by Quitting Job That Offered Light Duty Work
Posted on 3 May 2013 by Larson's Spotlight

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

California: Does the WCAB’s Application of Equitable Principles Preclude a Predictable Outcome?
Posted on 25 Apr 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter 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

Severance Agreement Waiving Workers’ Comp Benefits Not Valid: Cal. Comp. Cases November Advanced Postings (11/10/2011)
Posted on 11 Nov 2011 by California Compensation Cases Staff

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