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Mealey's Litigation Procedure - Workers' Comp Insurer Offers Discovery Plan In Suit With Insolvent Insurer

ATLANTA - A workers' compensation insurer proposes a stipulated discovery plan and scheduling order on Oct. 9 with the Georgia federal court in a dispute over whether its policies insured certain staffing companies for claims also tendered to an insolvent insurer (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-03975, N.D. Ga.).

Mealey's Insurance - Workers' Comp Insurer Offers Discovery Plan In Suit With Insolvent Insurer

ATLANTA - A workers' compensation insurer proposes a stipulated discovery plan and scheduling order on Oct. 9 with the Georgia federal court in a dispute over whether its policies insured certain staffing companies for claims also tendered to an insolvent insurer (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-03975, N.D. Ga.).

Mealey's Insurance - CIGA Appeals Judgment On Reimbursement Sought Against It For Workers' Comp Claims

LOS ANGELES - The California Insurance Guarantee Association (CIGA) on Oct. 9 cross-appealed to the Ninth Circuit U.S. Court of Appeals challenging a ruling vacating and setting aside reimbursement demands made to it under workers' compensation insurance policies (California Insurance Guarantee Association v. Don J. Wright, et al., No. 15-01113, C.D. Calif.).

Mealey's PI/Product Liability - Judge Finds Allegations Don't Put Asbestos Case Outside Workers' Comp Laws

ASHEVILLE, N.C. - Merely knowing of the presence of asbestos and its hazards is not enough to escape the state's workers' compensation exclusivity provision, a federal judge in North Carolina held Sept. 29 (Howard Milton Moore Jr., et al. v. Alcatel-Lucent USA Inc., et al., No. 16-157, W.D. N.C., 2017 U.S. Dist. LEXIS 162517).

Mealey's Toxic Tort/Environmental - Judge Finds Allegations Don't Put Asbestos Case Outside Workers' Comp Laws

ASHEVILLE, N.C. - Merely knowing of the presence of asbestos and its hazards is not enough to escape the state's workers' compensation exclusivity provision, a federal judge in North Carolina held Sept. 29 (Howard Milton Moore Jr., et al. v. Alcatel-Lucent USA Inc., et al., No. 16-157, W.D. N.C., 2017 U.S. Dist. LEXIS 162517).

Mealey's Insurance - Federal Judge Denies Limiting Discovery In Workers' Comp Suit With Insolvent Insurer

ATLANTA - In a dispute over whether workers' compensation policies insured certain staffing companies for claims also tendered to an insolvent insurer, a Georgia federal judge on Sept. 20 denied a proposed case management approach for limited discovery (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-cv-03975, N.D. Ga.).

Mealey's Insurance - Judge Issues Order On Sealing Docs In Workers' Comp Insurer, Insolvent Insurer Dispute

ATLANTA - In a dispute over whether workers' compensation policies insured certain staffing companies for claims also tendered to an insolvent insurer, a Georgia federal judge issued a protective order on Aug. 28 on the procedures for sealing confidential materials (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-3975, N.D. Ga.).

Mealey's Insurance - Panel: CIGA Has Duty To Reimburse For Workers' Comp Excess Coverage

SACRAMENTO, Calif. - The California Insurance Guarantee Association (CIGA) breached its statutory duty to reimburse a joint powers authority for excess workers' compensation coverage owed under an insolvent insurer's policy, a California appeals panel affirmed July 17 (CSAC Excess Insurance Authority v. California Insurance Guarantee Association, No. C081775, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 4854).

Mealey's Insurance - Judge Orders Parties To Arbitrate Reinsurance Suit Over Workers' Comp Risks

NEW YORK - In a dispute regarding reinsurance of workers' compensation risks, a New York federal judge on June 8 ordered the parties to arbitration, noting that it "is entirely speculative" whether an arbitrator will rule on the role of a group of companies as real parties in interest (In the matter of the arbitration between National Union Fire Insurance Company of Pittsburgh, PA v. Federal Insurance Co., No. 16-CV-8821, S.D. N.Y., 2017 U.S. Dist. LEXIS 88470).

Mealey's PI/Product Liability - Court Affirms Workers' Comp Award Involving Asbestos, Bladder Cancer

HARRISBURG, Pa. - While not uncontested, enough evidence supports a law judge's conclusion that an employee was both exposed to asbestos and other chemicals within the compensable period for a workers' compensation claim and that the exposure was significant enough to cause bladder cancer, a Pennsylvania appeals court held May 4 (Kimberly Clark Corp. v. Workers' Compensation Appeal Board, No. 656 C.D. 2016, Pa. Cmwlth., 2017 Pa. Commw. LEXIS 175).

Mealey's Labor & Employment - Court Affirms Workers' Comp Award Involving Asbestos, Bladder Cancer

HARRISBURG, Pa. - While not uncontested, enough evidence supports a law judge's conclusion that an employee was both exposed to asbestos and other chemicals within the compensable period for a workers' compensation claim and that the exposure was significant enough to cause bladder cancer, a Pennsylvania appeals court held May 4 (Kimberly Clark Corp. v. Workers' Compensation Appeal Board, No. 656 C.D. 2016, Pa. Cmwlth., 2017 Pa. Commw. LEXIS 175).

Mealey's Toxic Tort/Environmental - Court Affirms Workers' Comp Award Involving Asbestos, Bladder Cancer

HARRISBURG, Pa. - While not uncontested, enough evidence supports a law judge's conclusion that an employee was both exposed to asbestos and other chemicals within the compensable period for a workers' compensation claim and that the exposure was significant enough to cause bladder cancer, a Pennsylvania appeals court held May 4 (Kimberly Clark Corp. v. Workers' Compensation Appeal Board, No. 656 C.D. 2016, Pa. Cmwlth., 2017 Pa. Commw. LEXIS 175).

Mealey's PI/Product Liability - Divided Arkansas High Court: Workers' Comp Exclusivity Bars Asbestos Tort Action

LITTLE ROCK, Ark. - Because the state's workers' compensation system contemplates coverage for mesothelioma, the law's exclusivity provision bars a tort action against an employer, even where the disease arose outside the period for filing a claim, the Arkansas Supreme Court held Dec. 15 in a 4-3 opinion (Brenda Hendrix, et al. v. Alcoa Inc., No. CV-15-558, Ark. Sup.).

Mealey's Toxic Tort/Environmental - Divided Arkansas High Court: Workers' Comp Exclusivity Bars Asbestos Tort Action

LITTLE ROCK, Ark. - Because the state's workers' compensation system contemplates coverage for mesothelioma, the law's exclusivity provision bars a tort action against an employer, even where the disease arose outside the period for filing a claim, the Arkansas Supreme Court held Dec. 15 in a 4-3 opinion (Brenda Hendrix, et al. v. Alcoa Inc., No. CV-15-558, Ark. Sup.).

Mealey's PI/Product Liability - Connecticut Top Court Finds Workers' Comp Court Can Reinstate Dismissed Claims

NEW HAVEN, Conn. - The complexity of asbestos cases requires that the workers' compensation commissioner have the power to grant provisional dismissals to "clear the room" and then reinstate claims as necessary, Connecticut's top court held in an opinion set for release on Dec. 20 (John Graham, et al. v. Olson Wood Associates Inc., et al., No. SC 19626, Conn. Sup.; 2016 Conn. LEXIS 371).

Mealey's Toxic Tort/Environmental - Connecticut Top Court Finds Workers' Comp Court Can Reinstate Dismissed Claims

NEW HAVEN, Conn. - The complexity of asbestos cases requires that the workers' compensation commissioner have the power to grant provisional dismissals to "clear the room" and then reinstate claims as necessary, Connecticut's top court held in an opinion set for release on Dec. 20 (John Graham, et al. v. Olson Wood Associates Inc., et al., No. SC 19626, Conn. Sup.; 2016 Conn. LEXIS 371).

Mealey's PI/Product Liability - Judge: Case Alleging Failure To Pay Workers' Comp Asbestos Benefits May Proceed

CHARLOTTE, N.C. - A mesothelioma sufferer has standing to pursue, and the court has jurisdiction over, claims that an employer and its insurer are not making timely payments under North Carolina's workers' compensation statutes, a federal judge in North Carolina held Sept. 9 (James Norman Richardson v. PCS Phosphate Company Inc., et al., No. 16-00068, W.D. N.C; 2016 U.S. Dist. LEXIS 122354).

Mealey's Toxic Tort/Environmental - Judge: Case Alleging Failure To Pay Workers' Comp Asbestos Benefits May Proceed

CHARLOTTE, N.C. - A mesothelioma sufferer has standing to pursue, and the court has jurisdiction over, claims that an employer and its insurer are not making timely payments under North Carolina's workers' compensation statutes, a federal judge in North Carolina held Sept. 9 (James Norman Richardson v. PCS Phosphate Company Inc., et al., No. 16-00068, W.D. N.C; 2016 U.S. Dist. LEXIS 122354).

Mealey's PI/Product Liability - Texas Appeals Panel Says Workers' Comp Is Injured Employee's Exclusive Remedy

DALLAS - A Texas appellate panel on Aug. 16 affirmed summary judgment in favor of a general contractor and subcontractors in an injured worker's tort-based lawsuit because, it said, the worker's exclusive remedy was through the Texas Workers' Compensation Act (Juan Carlos Flores v. Chasco Inc., et al., No. 05-14-00531-CV, Texas App., 5th Dist.; 2016 Tex. App. LEXIS 8913).

Mealey's Toxic Tort/Environmental - Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries

PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).

Mealey's Labor & Employment - Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries

PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).

Mealey's Litigation Procedure - Pennsylvania Federal Judge: Workers' Comp Act Is Exclusive Remedy For Injuries

PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 dismissed a class claim for medical monitoring brought by airline workers stationed at the Philadelphia International Airport who allege that they were exposed to toxins, finding that the Pennsylvania Workers' Compensation Act (PWCA) is the exclusive remedy available to the workers (David Smith, et al. v. American Airlines, Inc., et al., No. 16-156, E.D. Pa.; 2016 U.S. Dist. LEXIS 107402).

Mealey's Labor & Employment - Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies

AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming summary judgment for the general contractor (Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC, No. 03-15-00529-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 7801).

Mealey's PI/Product Liability - Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies

AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming summary judgment for the general contractor (Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC, No. 03-15-00529-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 7801).

Mealey's Litigation Procedure - NHL MDL Judge Orders Workers' Comp Insurer To Turn Over Medical Reports

MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion injury multidistrict litigation on July 13 partially granted the players' motion to enforce a subpoena and ordered the league's workers' compensation insurer to produce independent medical exam (IME) records of NHL retirees who had submitted workers' comp claims (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).