An Illinois county circuit court erred when it confirmed an award of workers’ compensation benefits for an Illinois resident who sustained injuries at her employer’s worksite in Indiana and who completed her employment application in Indiana after reporting...
A state appellate court affirmed a decision by the Illinois Workers’ Compensation Commission that found it had jurisdiction to consider the injury claim of an operating room nurse hired by an Illinois staffing company who suffered injuries while working in...
Summary judgment in favor of the subcontractor was proper, because Haw. Rev. Stat. § 386-8 provided the exclusive remedy for an employer to recover workers' compensation benefits from a third-party tortfeasor, and the general contractor did not avail itself...
Any information or opinions contained in this commentary are not necessarily endorsed by LexisNexis® or its affiliates. Workers’ Compensation Appeals Board (WCAB) jurisdiction is one of the most important threshold issues that an injured worker must establish...
A volunteer at a Roman Catholic church, who on occasion helped distribute the Eucharistic elements, may not sue the church in tort for injuries that she sustained when she tripped and fell over an exposed power cord near the church altar; her negligence action...
A Florida claimant, who was injured during tryouts for a professional football team, was not entitled to workers’ compensation benefits from the Arena Football League when the League had not signed the standard player contract. While a claimant did not always need...
Undocumented worker can receive workers’ comp benefits in spite of false papers used in hiring process The Supreme Court of Kansas now follows the vast majority of states that the employer cannot accept the fruits of a worker’s labor and then claim that there...
A provision in an employment contract that limited an employee’s right to sue a third party for negligence and instead required the injured employee to accept only the benefits that he could recover under the New Jersey Workers’ Compensation Act was against public...
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 filed no...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 5 May 2016 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright...
Here’s the latest batch of advanced postings for the May 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Ramonda...
The Second District Court of Appeal has handed down a decision affirming the legislature’s creation of the lien filing fee as part of SB 863. In Chorn v W.C.A.B. a physician (Robin Chorn M.D.) filed a complaint joined by two injured workers in an effort to...
In a divided decision, the Supreme Court of North Carolina, quoting Larson’s Workers’ Compensation Law , § 143.03[4], held that once an employment contract has been made—in this case, in South Carolina—the contract’s situs is not changed merely because the contract...
Where the general contractor on a construction project had been sued in tort by the estate of a subcontractor’s employee and, in turn, the general contractor claimed it was entitled to contractual indemnification from the deceased employee’s employer, it was not...
A truck driver’s contract of employment was not made in North Carolina where he was required to complete a three-day orientation, a road test, a drug test, and a physical exam in Mississippi—a hiring procedure that extended well beyond mostly administrative...