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Five Recent Cases You Should Know About (7/23/2010)

Larson's Spotlight on Filing of Claim, Accidental Injury vs. Normal Work Routine, Mesothelioma Death Claim, Post-Traumatic Stress Claim, and Occupational Disease. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Five Recent Cases You Should Know About (8/27/2010)

Larson's Spotlight on Bystander Exposure, Subpoena in Fraud Case, Exclusive Remedy Rule, Job Demotion, Surveillance Evidence. 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...

Five Recent Cases You Should Know About (2/4/2011)

Larson's Spotlight on Mesothelioma, Independent Contractor, Disqualification for Benefits, Football Player’s Average Weekly Wage, Death Benefits and Dependency. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Duane Morris Alert: Pa. Supreme Court to Address Exclusivity of Pa. Workers' Compensation Act in Asbestos Cases

By Kenneth M. Argentieri and Gerald J. Schirato, Jr. , Attorneys, Duane Morris LLP The Supreme Court of Pennsylvania recently accepted petitions for allowance of appeal in two similar cases- Landis v. A.W. Chesterton Co. [1] and Tooey v. AK Steel Corp. [2] - to address whether the exclusivity provision...

Five Recent Workers’ Comp Cases You Should Know About (6/17/2011) – Electronic Filing of Objection to Claim After Midnight of Deadline Bars the Objection

Larson's Spotlight on Electronic Filing, Retaliatory Discharge, Computation of Benefits, Wage Earnings, and Loss of Sight. 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...

Five Recent Workers’ Comp Cases You Should Know About (7/1/2011) – Employer Who Knowingly Hires Illegal Alien May Not Oppose Claim Based on Illegal Status

Larson's Spotlight on Illegal Alien, Mesothelioma, Unexplained Death, Average Weekly Wage, and Cab Driver as Independent Contractor. 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 ...

MO: Western District Announces 'Open Season' On Employers

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex rel KCP&L Greater Mo. Operations Co. v Hon. Cook...

Missouri: Court Keeps Civil Case Alive for Work-place Injury

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an accidental injury. The court concluded summary judgment...

Missouri: M is for Meso

Missouri has radically changed the comp rules for workers with mesothelioma with a new category of “occupational disease due to toxic exposure.” What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos exposure. It can be distinguished from lung...

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly, a widow’s contention that her husband’s...

Decedent Electrician Suffered Injurious Exposure to Asbestos Fibers: Cal. Comp. Cases June Advanced Postings (6/9/2015)

Here’s the third batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Contra Costa Electric, Inc., American...

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe home, where he was exposed to asbestos in using...

Illinois: Exclusive Remedy Barred Case In Spite of Fact That Worker Contracted Mesothelioma After Statute of Limitations Had Run

The exclusive remedy provisions of the Illinois Workers’ Compensation Act and the Illinois Workers’ Occupational Diseases Act (collectively “the Acts”) bar an employee’s cause of action (and that of his or her estate) against an employer to recover damages for a disease...