LexisNexis® Legal Newsroom
Thomas A. Robinson
Indiana: Worker Fired For Misconduct May Still Recover Temporary Disability Benefits

A worker who sustained an admitted back injury and who was later fired for misconduct may nevertheless be entitled to temporary disability benefits if he or she can show an inability to work because of the work injury, held an Indiana appellate court...

Thomas A. Robinson
California: Staffing Agency Operator Required to Pay $37,000 in Restitution Following Guilty Plea in Workers’ Comp Fraud Case

California’s restitution statute allows for recovery of a broad variety of economic losses resulting from a defendant’s criminal conduct. Accordingly, where the defendant, the operator of an employment staffing agency, pled guilty to workers’...

Thomas A. Robinson
United States: Surviving Spouse May Not Maintain Tort Action Against Employer Following Robbery and Murder

The surviving spouse of a woman who worked at a Virginia apartment complex and who sustained fatal injuries when she was attacked and stabbed by a robber cannot maintain a civil action against the employer; the tort action was barred by the exclusive...

Thomas A. Robinson
Kansas: Undocumented Worker Due Comp Benefits in Spite of False Papers Used in Hiring Process

The use of a false name and identification papers to apply for a job does not render a worker’s employment contract void ab initio , so as to preclude the worker from receiving workers’ compensation benefits following a work-related injury...

Richard M. Jacobsmeyer
California: 3rd District Upholds Validity of IMR Process

The 3rd District Court of Appeals has issued its decision in Ramirez v W.C.A.B ., again upholding the constitutionality of the IMR process for review UR determinations and providing, perhaps, some addition nuggets for potential challenges on the W.C.A...

Calif. WCAB Noteworthy Panel Decisions Reporter
California: Direct Injuries vs. Compensable Consequences

The Importance of Knowing the Difference Between Direct Injuries and Compensable Consequences For dates of injury prior to 1/1/2013, injured workers were entitled to full workers’ compensation benefits for injuries to all body parts, regardless...