LexisNexis® Legal Newsroom
Missouri: Court Declines to Lower Burden to Prove Wrongful Discrimination Claims

Claimant asserts his boss fired him because he had a worker’s compensation case, but he failed to convince a jury of that claim. He had a disagreement with his employer whether he should take a break to rest and elevate his foot before completing an urgent job assignment. The case is Templemire...

Applicant Dropped Off On Skid Row Justified Penalties: Cal. Comp. Cases February Advanced Postings (1/30/2013)

Here’s the first batch of advanced postings for the February 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. TIG Insurance Company (administered by Risk Enterprise...

Applicant Dropped Off On Skid Row Justified Penalties: Cal. Comp. Cases February Advanced Postings (1/30/2013)

Here’s the first batch of advanced postings for the February 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. TIG Insurance Company (administered by Risk Enterprise...

California Workers' Comp Case Roundup (2/7/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 1 January 2013 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 2013 LexisNexis. All rights...

California: Changes to FEHA Pose New Liability Risks in Workers’ Compensation Cases

By Elizabeth Ashley Stonhaus, Schmit Law Offices Employers face increasing liability in the wake of California’s 2013 amendments to its disability discrimination regulations, since the provisions have contributed to a growing overlap between liability under the Fair Employment and Housing Act...

FEHA Licene Plate California

California Workers' Comp Case Roundup (9/6/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 8 August 2013 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 2013 LexisNexis. All rights...

California Workers' Comp Case Roundup (2/9/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 1 January 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...

Missouri: “Show Me” the Comp Files

Missouri is back in the news as the Senate and Governor once again debate whether it is reasonable for an employer to be able to promptly determine if a job applicant has prior open or closed worker’s compensation cases. There they go again. On Feb. 13, 2014 the Senate passed Bill 526 (lexis...

Missouri Supreme Court Eases Burden Of Proof For Retaliatory Discharge Claims

The Supreme Court reversed 16 years of precedent on a worker’s burden of proof to establish retaliatory discrimination after exercising his rights under the Missouri Worker’s Compensation Act. A worker no longer has to show that discrimination was an exclusive factor in a termination but...

Missouri: Employee Need Not Show Comp Claim Was Exclusive Factor in Retaliatory Firing

A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing factor” to the employer’s discrimination...

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...

Waiting to Exhale: Employee Firing for Off-Duty Medical Marijuana Use

How Will the Colorado Supreme Court Decide Coats v. Dish Network? In a case being closely watched nationwide, the Colorado Supreme Court will address for the first time an important issue for employers and employees in the state: whether an employer may terminate an employee for the off-duty use of...

California Workers' Comp Case Roundup (11/1/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 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...

Predictive Analytics and Big Data in the Workplace and Beyond: The Science Behind the Crystal Ball

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. An awful lot of ink has been devoted lately to Predictive Analytics and Big Data—two...

Undocumented Workers: U.S. Supreme Court Denies Cert in Sierra Chemical v. Salas

California WCAB applies Salas to another Salas case Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Now that the California Supreme Court...

Missouri: No 15% Penalty For Employment Discrimination

Missouri compensation allows a 15% enhancement of statutory comp benefits when the employer fails to comply with state law and the injury is caused by the failure. Although most cases invoke 287.120.4 (Lexis Advance), 287.120.4 (lexis.com) for failure to guard or similar safety issues, a recent case...

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently accepted medical use (at least according to the United...

Workplace Policies on Medical Marijuana: Some Guidance on the Complex, Chameleon-like Legal and Medical Issues Involved

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. How risky would it be if your mailroom employees used medical marijuana at work? Would your...

2015 Update from the Benefits Review Board

By Karen Koenig, Associate General Counsel, Longshore Division, U.S. Department of Labor, Washington, D.C. BRB Personnel News The membership of the Benefits Review Board has changed quite a bit in the past year. Judge Betty Jean Hall, who has been the Acting Chair and Chief Administrative Appeals...

California: WCAB Finds Section 132a Trumps a Collective Bargaining Agreement

How the WCAB resurrected 132a in a sick leave case In Rivera v. County of Alameda , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the employer, the County of Alameda, violated Labor Code § 132a [ LC 132a ] by precluding the applicant, a juvenile institutional...

California Workers’ Compensation Case Roundup (3/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 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 2016 LexisNexis. All rights...

Applicant’s Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016)

Here’s the latest batch of advanced postings for the May 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. State of California, Department...

California: Do Collective Bargaining Agreements Preempt Labor Code Section 132a?

Undercurrents and Future Currents: Bargaining Outside the Law in Labor Code Section 132a By Brad Wixen, Esq. In the case of Salazar v. Leprino Foods , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the facts are straightforward. The employer was found after trial to have wrongfully discriminated against an...

California Workers’ Comp Cases Roundup (6/1/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 5 May 2016 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 2016 LexisNexis. All rights...