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Thomas A. Robinson
Utah: Statute Placing 12-Year Outside Limit on Workers’ Compensation Benefits is Constitutional

In another important constitutional challenge case, the Supreme Court of Utah held the state’s Labor Commission appropriately denied and dismissed two workers’ claims for additional PD benefits as untimely under Utah Code Ann. § 34A-2...

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Thomas A. Robinson
Utah: 312-Week Limitation on TTD Benefits is Constitutional

Utah Code Ann. § 35-1-65 (1982) (current version at Utah Code § 34A-2-410 (2016)), which provides that an injured worker who is temporarily totally disabled shall receive a specified amount of compensation per week, but that in no case shall...

Thomas A. Robinson
Maine: “Volunteer” Driver is No Employee—Injury Claim Denied

In a case presenting an issue of first impression in Maine—whether a mileage reimbursement to a “volunteer” can constitute remuneration when it is significant enough to exceed the volunteer's immediate expenditures—and therefore...

Thomas A. Robinson
New Jersey: Most Third-Party Tort Action Waivers in Employment Contracts Invalidated

Waiver or “disclaimer” clauses, typically found in the employment agreements of New Jersey workers that work for employment services firms, pursuant to which the employee prospectively waives third-party claims against the employer’s...

Thomas A. Robinson
New Jersey: No Lost Wages = No Temporary Disability Benefits

Stressing that temporary disability benefits are intended to be a partial substitute for a loss of current wages and that actual absence from work is a prerequisite to a temporary disability award, a New Jersey appellate court affirmed the denial of such...

LexisNexis Workers' Comp Law Newsroom Staff
An American Sickness: How Workers’ Compensation Fell into the Same Abyss as Health Insurance

By Richard B. Rubenstein, Esq., Rothenberg Rubenstein Berliner Shinrod LLC Stakeholders in the Workers’ Compensation community can proudly proclaim that our system was quite literally the first form of health insurance in America, preceding Blue...