By Richard B. Rubenstein, Esq. Assembly Bill 3401, signed into law on November 14, 2016, mandates that workers’ compensation carriers and third-party administrators adopt a method for processing electronic bills for medical treatment rendered on New Jersey workers...
Relying upon § 90 of the Restatement (Second) Conflict of Laws, a divided Supreme Court of Montana held that because of the strong public policy against subrogation in the state, courts in Montana will not entertain actions involving workers’ compensation subrogation...
Where attorneys for an injured worker bring a successful action against a third party to recover damages for personal injuries sustained by the worker in the course of his employment, thereby enabling the worker’s employer to obtain reimbursement of the compensation...
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...
The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee’s recovery from a third party for work-related injuries under Mass. Gen. Laws ch. 152, § 15, the lien does not attach to damages paid by a third party for...
CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 2015 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 ©...
While a business entity’s injured employees might state a claim against third parties for their physical injuries allegedly caused by those third parties’ negligence, the business entity itself, which has suffered neither a physical injury nor property...
Where an injured employee never commences a third-party action to recover for injuries arising out of the same incident as his or her workers’ compensation claim, but settles the claim for less than the amount of compensation he or she has received, a New York...
Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved...
Unlike the situation in many other states, the subrogation lien of a Georgia employer and/or its insurer attaches to third-party recovery by the injured employee only after the injured employee has been fully and completely compensated for his economic and noneconomic...
Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of the tort claim...
Here’s the fifth batch of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace...
I am reading the ProPublica Report with great interest because there are so many things I agree with. After reading all the press brouhaha over this report however, I still regard the high cost of workers compensation (for those companies which do have high costs...
The Supreme Court of Pennsylvania held that notwithstanding the strong subrogation rights conferred upon employers or their workers’ compensation insurers, they have no direct right of action against a third-party tortfeasor under 77 Pa. Cons. Stat. § 671, where...
A Pennsylvania appellate court agreed that a Workers’ Compensation Judge appropriately dismissed a claimant’s Review, Modification and Reinstatement Petitions and agreed that claimant could not recover workers’ compensation benefits because he failed to disclose...