LexisNexis® Legal Newsroom
California: Somebody Else Did It! A Primer on Third Party Cases

THIRD PARTY REMEDY The employee and employer each have an independent cause of action for damages against a negligent third party. Lab. Code § 3852 ; Buell v. CBS, Inc . (1982) 136 Cal. App. 3d 823, 825, 186 Cal. Rptr. 455 . The employee may simultaneously proceed against the third party for...

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal, No. SC 91834, 2012 Mo Lexis 109 (June 12, 2012) ....

Larson’s Spotlight on Recent Cases: Employer’s OSHA Violation Falls Short as Substantial Evidence of Intentional Wrong in Tort Action

Larson's Spotlight on OSHA Violation and Intentional Wrong, Offset of Wage Loss Benefits, Injury During Work Break, and Slip and Fall in Company Lot. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Larson’s Spotlight on Recent Cases: Gradual Worsening Over Time Constituted Change of Condition, Not New Injury

Larson's Spotlight on Change of Condition, Workers' Comp Fraud, and Tort Suit and Evidence of Workers' Comp Benefits. 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...

NY: Divided High Court Awards Carrier Full Credit to Settlement Proceeds Where Worker Was Assaulted, Raped & Kidnapped

A workers' compensation carrier, who paid benefits to an aide at a juvenile detention center who was physically assaulted, raped, and kidnapped by a coworker, is entitled to take a dollar-for-dollar credit against future workers’ compensation benefits owed where the aide settled a federal civil...

Supplemental Job Displacement Benefits: Two Vouchers for Separate But Overlapping Injuries Is Not Double Recovery

In Silva v LSG Sky Chiefs and Liberty Mutual Insurance Company , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB provided guidance on supplemental job displacement benefits by interpreting the Labor Code and related Administrative Rule to entitle qualifying applicants to one voucher at the applicable value...

Massachusetts: Employer’s Subrogation Rights Do Not Extend to Worker’s Pain and Suffering Recovery

The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee’s recovery from a third party for work-related injuries under Mass. Gen. Laws ch. 152, § 15, the lien does not attach to damages paid by a third party for an employee’s pain and...

United States: UIM Insurer May Not Offset Workers' Compensation Benefits Received by Plaintiff

Construing Colorado law, a federal district court held that in a suit to recover UIM benefits under an insurance policy issued to plaintiff by the defendant insurance company, evidence related to the plaintiff’s prior recovery of medical expenses, wages, and other benefits through workers’...