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’ compensation. For the past five or six years, I’ve shared with readers...
Stressing that non-backpay damages flowing directly from an employer’s illegal act —here the firing of an undocumented worker for filing a claim for workers’ compensation under Tennessee law—did not relate to a plaintiff’s immigration...
An employee's status as an undocumented alien is irrelevant to the worker's entitlement to basic workers' compensation benefits, held the Supreme Court of Nevada. Reiterating a rule earlier laid down in Tarango v. State Indus. Ins. Sys. , 117 Nev. 444...
Quoting Larson's Workers' Compensation Law , the Supreme Court of Nevada, in an unpublished decision, held that a worker's status as an undocumented worker was not relevant to the issue of whether he qualified for permanent total disability benefits...
Construing Tennessee law, a federal district court held that an employer violated the state’s retaliatory discharge law when it fired an injured worker shortly after an encounter between the worker and two supervisors in which the supervisors berated the...
Affirming a decision by a state Judge of Compensation Claims, a Florida appellate court has agreed that an undocumented worker who sustained injuries in a work-related accident can be denied benefits on the basis that he used someone else’s Social Security...
Reversing a decision of a federal district court that had ruled the retaliatory discharge provision of the Tennessee Workers’ Compensation Act was preempted by the Immigration Reform and Control Act of 1986 (“IRCA”), the Sixth Circuit Court of...
By Deborah G. Kohl, Esq., Fall River, MA Over the past several weeks, practitioners in the field have been discussing what the workers’ compensation should or might look like in the future. For example, at one conference, an interesting discussion took...
By LexisNexis Workers' Compensation Staff The Vargas v. Darrell Becker, 2017 Cal. Wrk. Comp. P.D. LEXIS 276 panel decision is remarkable for a number of reasons. Many will argue that it is significant because a Workers’ Compensation Administrative Law Judge...
The Supreme Court of Delaware has held that a worker’s undocumented status is one factor that should be considered in determining whether a worker is deemed to be “displaced”—so disabled by a compensable injury that he or she will no longer be employed regularly...
Where a Tennessee injured employee is unable to return to work because of his or her undocumented status, Tenn. Code Ann. § 50–6–241(e)(2) limits the employee’s PPD award to one and one-half times the medical impairment rating, rather than an amount that can be...
A divided Supreme Court of Oklahoma held that a university employee sustained injuries arising out of and in the course of her employment when she slipped and fell on ice in a campus parking lot where she had been instructed to park. The majority found that the...
By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”...
By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Although the debate over undocumented immigrants and immigration reform is constantly in the headlines, one area that receives less attention is the working conditions...
Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries...