CALIFORNIA COMPENSATION CASES Vol. 89, No. 7 July 2024 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...
Havanis v. Calif. Dept. of Transportation (Board Panel Decision) By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board I. Medical apportionment is not the...
By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
Oakland, CA – Private self-insured claim volume in the California workers' compensation system fell 9.5% in 2023, producing the biggest year-to-year decline in private self-insured claim frequency...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board No matter the source of your media consumption, it seems that the topic...
A federal district court recently held that plaintiff's execution of a Compromise and Release of his workers' compensation claim bars his right to raise claims under the ADA and the Pennsylvania Human Relations Act. Accordingly, the federal court dismissed plaintiff’s case with prejudice. Prior to filing the federal action, the employee injured his right ankle and filed a workers’ compensation claim. The matter was resolved by the C&R while the plaintiff was represented by counsel. Among the provisions in the C&R was a general release that indicated that “all claims and issues arising out of Claimant's 05/11/2011 injury" were resolved. Noting that plaintiff received a lump sum of $50,000 at the time of the C&R, the federal district court indicated that the clarity and specificity of the C&R weighed strongly in favor of finding that plaintiff knowingly and voluntarily waived his right to file suit on the claims he made in his complaint.
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis
See Hoggard v. Catch, Inc., 2013 U.S. Dist. LEXIS 95181 (E.D. Pa. July 9, 2013)
See generally Larson’s Workers’ Compensation Law, § 102.03
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.