Workers' Compensation

Recent Posts

Ohio: Intentional Tort Action Against Employer Fails
Posted on 3 Jan 2014 by Larson's Spotlight

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to... Read More

Congress Holds Hearing on OSHA Workplace Safety Regulations
Posted on 12 Oct 2011 by John Stahl

Focus on Creating Regulations that Adequately Protect Workers Without Unduly Burdening Struggling Employers By John M. Stahl, Esq. The Subcommittee on Workforce Protections (subcommittee) of the Education and the Workforce Committee of the U.S.... Read More

Insurer-Supported Engineering Controls Can Lead to Significant Reduction of Overall Workers’ Comp Claims and Costs
Posted on 19 Feb 2015 by Thomas A. Robinson

New study evaluates controls to reduce/eliminate workplace hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’... Read More

The Aging Workforce: How to Manage Workers’ Comp Costs for the Silver Bunch
Posted on 31 May 2014 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Here’s the story of an aging workforce... Read More

Health and Safety Issues Facing Temporary or “Gig” Workers Who Lack Regular Employment Status
Posted on 9 Nov 2016 by Roger Rabb

A NIOSH Commentary reviews the current research and paints a troubling picture for nonstandard workers It is no secret that more and more work is being performed by American workers outside of the traditional employer-employee relationship. Employers... Read More

ACOEM Updates Guideline Regarding the Use of Opioids in Safety-Sensitive Jobs
Posted on 16 Jul 2014 by Teresa McLoughlin Rice

ACOEM tightens guidelines, cautions against the use of opioids in any safety sensitive job, not just motor vehicle driving Much has been written lately on the increased use—both licit and illicit—of opioids. Against this backdrop, concern... Read More

The False Picture of Contingent and Temporary Workers in the American Workplace
Posted on 9 Oct 2014 by Thomas A. Robinson

Study argues that lack of coordination in gathering data on contingent and temporary workers has resulted in undercounting and misclassifying of work hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’... Read More

House Committee Blames Regulators and Operator for Upper Big Branch Mine Disaster
Posted on 29 Mar 2012 by John Stahl

Better Enforcement and Safety Programs Might Have Saved Lives By John Stahl, Esq. The House Committee on Education and the Workforce (Committee) conducted a March 27, 2012, hearing on the 2010 West Virginia mining tragedy at the Upper Big Branch ... Read More

Workplace Violence: The Troubling Disconnect Between OSHA Figures and What’s Really Happening
Posted on 18 May 2018 by Karen C. Yotis

Conducting Impartial Assessments and Making Tough Decisions in a Politicized World By Karen C. Yotis, Esq. When we go to work each day, we don’t expect to be attacked. Nor do we anticipate suffering serious bodily harm. And we can hardly imagine... Read More

Workers Memorial Day: Honoring the Dead as We Fight for the Living
Posted on 28 Apr 2014 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. 25 Years of Speeches and Bells The key... Read More

Experts Address Pre-loss Control Programs
Posted on 14 Oct 2011 by John Stahl

Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention By John M. Stahl, Esq. An October 11, 2011, webinar entitled “ Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored... Read More

Federal: Breach of Contract Claim Against Special Employer for Failure to Provide Safe Work Environment Is Barred By Exclusiveness
Posted on 11 Apr 2014 by Larson's Spotlight

That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and... Read More

Texas: Non-Subscribing Employer Not Liable for Injuries Caused by Open, Obvious Dangerous Condition
Posted on 19 Jun 2015 by Larson's Spotlight

Answering a certified question from the United States Court of Appeals for the Fifth Circuit, the Supreme Court of Texas held that, under Texas law, (1) subject to two limited exceptions not relevant to the case, an employer generally does not have a... Read More

California: Governor Signs Bill to Protect Temporary Workers
Posted on 29 Sep 2014 by LexisNexis Workers' Comp Law Newsroom Staff

Labor Contracting; Client Liability; Temporary Workers. AB 1897 (Ch. No. __), signed by Governor Brown on Sept. 28, 2014, establishes civil legal responsibility and civil liability of client employers, which obtain workers from third-party labor contractors... Read More

Worker’s Injuries From Cave-In Caused by S&W Misconduct of Employer: Cal. Comp. Cases April Advanced Postings (4/11/2014)
Posted on 11 Apr 2014 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the April 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights... Read More