The 9th Circuit Court of Appeals affirmed a decision by a U.S. District Court judge that held, as a matter of law, that an employer was entitled to offset an injured worker’s PPD workers’ compensation benefits against the worker’s long-term disability benefits...
The LexisNexis Legal Newsroom Workers’ Compensation Law has interviewed leading experts from different segments of the workers’ compensation industry to tell us some common myths and facts about workers’ compensation. Note that the myths listed...
In ERISA Congress has created a “lock-box” in which it both carefully defines and limits state exclusions from the statute and aggressively sweeps up through preemption anything that remains. Thus, if an employee welfare benefit plan is not clearly and exactly...
Shining the Real Light on So-Called Texas Opt Outs By Thomas A. Robinson, co-author Larson’s Workers’ Compensation Law As Lex Larson and I point out in the opening article in Workers’ Compensation Emerging Issues Analysis , 2015 Edition, 2016...
The Oklahoma Workers’ Compensation Commission’s decision may ultimately have set up a collision between ERISA preemption and the Oklahoma State Constitution By Michael C. Duff, Assoc. Dean of Student Programs and External Relations, and Centennial Distinguished...
By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter A chronicle of workers’ compensation in the United States tells the story of a persistent (but failing) federal advocacy that gives way to entrenched special...
By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC The National Workers’ Compensation and Disability Conference generally serves as a pretty good barometer of what the industry focus will be in the upcoming year and it is evident that 2016 will be...
How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin of the “great...
Like a number of other states, Ohio has a provision in its comp act [ORC Ann. § 4123.54(H)] precluding workers’ compensation coverage for an employee when: (1) the employee is a resident of another state; (2) the employee is insured in a state other than Ohio;...
Proponents of the recently passed Oklahoma workers’ compensation reforms proclaim that the opt out provisions provide an alternative to the newly formed administrative system for processing injured worker claims and do not require that alternative benefit plans...
Things appear to be “pumping” in the world of workers’ compensation. Legislatures are gathering. Proponents of “reform”—whatever that is—are huddled together, planning their strategies. Pointing to the activities in Oklahoma (discussed below), in Florida, and other...
Larson's Spotlight on Asbestosis, Subrogation, Joint Employee, Pension, and Intentional Misrepresentation . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...