Oakland – A new California Workers’ Compensation Institute (CWCI) study finds that average paid losses on California workers’ compensation lost-time claims fell immediately after legislative...
By Thomas A. Robinson, Co-Editor-in-Chief, Workers’ Compensation Emerging Issues Analysis (LexisNexis) As we move through the third decade of the twenty-first century, the United States remains...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Industrially injured workers in California are entitled to receive...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 9 September 2023 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...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board It is well-settled law that federally recognized Indian Tribes have...
Where a workers’ compensation claimant served an application for Board review upon the insurance carrier’s third-party administrator—but not the carrier itself—such service was defective and New York’s Workers’ Compensation Board was within its discretion to deny the application on that basis, held a state appellate court. The court acknowledged that from the initial stages of the case, the TPA had been clearly identified as the administrator handling the claim on behalf of the carrier. The court stressed, however, that a TPA does not stand in the shoes of the carrier. Nor is it a necessary party of interest. The carrier is the real party of interest and the regulatory framework of the Board requires that the carrier be served.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Matter of Barry v. Verizon N.Y. Inc., 2021 N.Y. App. Div. LEXIS 5113 (3d Dept. Sept. 16, 2021)
See generally Larson’s Workers’ Compensation Law, § 124.08.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
Sign up for the free LexisNexis Workers’ Compensation enewsletter at www.lexisnexis.com/wcnews.