Where an employee has received workers’ compensation benefits for a work-related injury allegedly caused by a third-party, N.Y. Workers’ Comp. Law § 29(5) requires the employee to obtain the employer or insurer’s written consent prior to settlement and, except...
Stressing that allowing a workers’ compensation insurer to intervene in a third-party civil action filed by an injured worker against the purported tortfeasor would not cause delay and would not necessarily cause confusion among potential jurors should the case...
A plaintiff's civil action against a third-party administrator (TPA) for bad faith delay and denial of workers' compensation benefits and intentional infliction of emotional distress may move forward, held a Delaware court as it considered the trial court's...
In a case of first impression, a federal court sitting in Colorado, construing Colorado law, held that an employee injured in a work-related vehicle accident may not recover under his or her employer’s uninsured/underinsured motorist coverage. The court stressed...
A common law cause of action for bad-faith failure to pay workers’ compensation benefits may not be pursued against a third-party administrator of a workers’ compensation insurer, held the Supreme Court of Iowa, in a divided (5-2) decision. Answering...
Where plaintiff, a semi-truck driver for a Pennsylvania corporation, sustained injuries in a vehicular accident in Grundy County, Illinois and eventually settled his Pennsylvania workers’ compensation claim by means of a settlement agreement in which he indicated...
Where a surviving spouse of a worker killed in a work-related car accident filed a wrongful death action in a state court and joined a separate federal wrongful death action filed by her son, and the parties eventually settled the claim with the federal court approving...
By Karen C. Yotis, Esq. Industrial accidents and occupational disease epidemics motivated the movement to pass national health and safety laws, and the interaction between third-party actions in the workplace and these historical drivers should operate to preserve...
Any information or opinions contained in this commentary are not necessarily endorsed by LexisNexis® or its affiliates or by the LexisNexis® editorial consultants who review panel decisions. Recently, a panel of commissioners with the Workers’ Compensation Appeals...
By Karen C. Yotis, Feature Resident Columnist, LexisNexis Workers’ Compensation eNewsletter Before the blogs and newswires start posting their usual “boy, wasn’t that something” year-in-review stuff, I thought it would be an interesting...
Where an injured worker (or the worker’s dependents) have accepted workers’ compensation benefits and have further sought to recover over against one or more third parties that are responsible for the worker’s injuries, that worker—or his or her dependents—may...
Recently, the WCAB issued three panel decisions addressing a defendant’s right to assert a third party credit. In the first case, Orozco v. Ronald McDonald Farms , 2017 Cal. Wrk. Comp. P.D. LEXIS 219 , the panel found that where the workers’ compensation insurance...
CALIFORNIA COMPENSATION CASES Vol. 82 No. 5 May 2017 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...
In a deeply divided decision, the Supreme Court of Kansas extended the firefighter’s rule to law enforcement officers. The rule, which is applied in more than half the states [see Larson’s Workers’ Compensation Law , § 110.08], prohibits firefighters from suing...
Idaho’s 1987 adoption of comparative negligence [see Idaho Code § 6–801] and the abrogation of joint and several liability did not affect the rule established in Liberty Mutual Insurance Company v. Adams , 91 Idaho 151, 417 P.2d 417 (1966), that an employer who...