LexisNexis® Legal Newsroom
Five Recent Workers’ Comp Cases You Should Know About (9/9/2011) - Worker Fails to Show Wage Loss, Asbestosis Claim Fails

Larson's Spotlight on Asbestosis, Subrogation, Joint Employee, Pension, and Intentional Misrepresentation . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Five Recent Workers’ Comp Cases You Should Know About (9/9/2011) - Worker Fails to Show Wage Loss, Asbestosis Claim Fails

Larson's Spotlight on Asbestosis, Subrogation, Joint Employee, Pension, and Intentional Misrepresentation . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Oklahoma Opt Out Legislation Fails: A Post Mortem

By Thomas A. Robinson Late last Wednesday evening (April 25th), supporters of a controversial bill that would have allowed some Oklahoma employers to “opt out” of the state’s traditional workers’ compensation system [ see Oklahoma House Bill 2155 ] fell short of having sufficient...

Opting Out is the New “In” Thing: Study Discusses Alternatives to Workers’ Compensation

By John Stahl, Esq. The astronomical benefits-related costs, protracted dispute resolution process, and numerous other ills associated with workers’ compensation that have prompted reforms have also increased support for the “opt-out” movement. Opting out initially requires that...

Opting Out is the New “In” Thing: Study Discusses Alternatives to Workers’ Compensation

By John Stahl, Esq. The astronomical benefits-related costs, protracted dispute resolution process, and numerous other ills associated with workers’ compensation that have prompted reforms have also increased support for the “opt-out” movement. Opting out initially requires that a...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (1/14/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: New Survey Posted on Prescription Drug Management in Workers’ Compensation . PCI Praises President...

Thomas A. Robinson on Top Issues in Workers’ Compensation Law for 2013

Things appear to be “pumping” in the world of workers’ compensation. Legislatures are gathering. Proponents of “reform”—whatever that is—are huddled together, planning their strategies. Pointing to the activities in Oklahoma (discussed below), in Florida, and...

Oklahoma Opt Outs and ERISA

Proponents of the recently passed Oklahoma workers’ compensation reforms proclaim that the opt out provisions provide an alternative to the newly formed administrative system for processing injured worker claims and do not require that alternative benefit plans be subject to ERISA or other federal...

Ohio: Statute Precluding Comp Coverage for Worker Temporarily in the State Does Not Apply to Employee of Texas Non-Subscriber

Like a number of other states, Ohio has a provision in its comp act [ORC Ann. § 4123.54(H)] precluding workers’ compensation coverage for an employee when: (1) the employee is a resident of another state; (2) the employee is insured in a state other than Ohio; and (3) the employee is only...

Tackling the Elephant in the Room: Exclusive Remedy

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 social bargain” underlying...

Opt Outs to Workers’ Compensation: The Real Disconnect in What Is Being Said and What Is Being Implemented

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 all about opt-out. Given that it was...

Federalization of Workers’ Comp: Politics, Opt-Outs and Survival of the State-Based Status Quo

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 interests . . . Every ...

Workers’ Comp Agency Declares Oklahoma Opt-Out Statute Unconstitutional

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 Professor of Law, University...

Opt-Out Lessons From Lone Star State

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 will shape up to be an important one...

Workers’ Compensation Opt-Out Laws: No Escape From ERISA Preemption?

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 excluded from ERISA, any state...

8 Myths and Facts About Workers’ Compensation (August 2016)

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 below are set forth in random order and...