By Thomas A. Robinson, J.D., co-author, Larson’s Workers’ Compensation Law As most states move into the second millennia of their respective workers’ compensation acts, one might expect that most constitutional issues within the occupational injury and illnesses...
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...
By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC On April 20, 2016, the IAIABC kicked off the National Conversation on the Future of Workers’ Compensation at its Forum in Santa Fe, New Mexico. In a three hour session, questions were presented to...
Oklahoma’s Workers’ Compensation Commission is appropriately empowered to determine whether a provision of the state’s workers’ compensation law [Title 85A] is being constitutionally applied to a particular party in a proceeding before the Commission, held the...
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...
Opt-out cannot become a viable alternative to problematic state systems until a reasonable balance is attained between the interests of injured workers and employers alike By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC As opt-out discussions continue...
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...
By Thomas A. Robinson, Co-Editor-in-Chief, Workers’ Compensation Emerging Issues Analysis We are pleased to present the 2015 Workers’ Compensation Emerging Issues Analysis (“WCEIA”). With this third, annual edition, we offer a diverse collection of expert analysis...
Coming down on the side of a system that endures “You have enemies? Good, that means you stood up for something.” – Eminem By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. When it comes to workers’ compensation, some folks are...
Issue 9 of the Workers’ Compensation Resources Research Report contains the first of a series of issues that provide an Overview of Workers’ Compensation . Part I discusses the origins of workers’ compensation programs in the U.S. early in the 20th century, the...
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...
After continued implementation of the 2005 reforms to the Texas workers’ compensation system, and legislative review of the system in 2011, 2013 was a year in which system stakeholders and other interested parties were able to step back and evaluate the current...