Workers' Compensation

Recent Posts

The Equal Protection Clause and the Payment of Temporary Partial Disability to the Illegal Worker
Posted on 28 Oct 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

California Labor Code Section 1171.5 indicates that all protections, rights and remedies are available to all individuals regardless of their immigration status. In Del Taco v. Workers’ Comp. Appeals Board (2000) 79 Cal.App.4th 1437 [ 65 Cal. Comp... Read More

Tags: Equal Protection Clause , undocumented worker , alien , California , Temporary Partial Disability , 14th Amendment , California workers compensation , United States Constitution , illegal worker , Del Taco v Workers’ Compensation Appeals Board , California WCAB Noteworthy Panel Decisions Reporter , Immigration Status

Alabama: Trial Court Judge Rules State’s Workers’ Compensation Act Unconstitutional
Posted on 12 May 2017 by Thomas A. Robinson

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25–5–68] and a 15 percent cap on attorneys’ fees... Read More

Tags: Equal Protection Clause , permanent partial disability , due process , Constitutionality

Workers’ Comp Agency Declares Oklahoma Opt-Out Statute Unconstitutional
Posted on 29 Feb 2016 by seemlessweb

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... Read More

Tags: ERISA , state constitution , preemption , Equal Protection Clause , Oklahoma workers compensation , Constitutionality , opt out

Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm
Posted on 13 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More

Tags: New York , aneurysm , Social Security offset , medical expert , Equal Protection Clause , attendance , presumption , co-employee immunity , retaliatory discharge , exclusive remedy , nonpretextual , compensability

The Equal Protection Clause and the Payment of Temporary Partial Disability to the Illegal Worker
Posted on 28 Oct 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

California Labor Code Section 1171.5 indicates that all protections, rights and remedies are available to all individuals regardless of their immigration status. In Del Taco v. Workers’ Comp. Appeals Board (2000) 79 Cal.App.4th 1437 [ 65 Cal. Comp... Read More

Tags: Equal Protection Clause , undocumented worker , alien , California , Temporary Partial Disability , 14th Amendment , California workers compensation , United States Constitution , illegal worker , Del Taco v Workers’ Compensation Appeals Board , California WCAB Noteworthy Panel Decisions Reporter , Immigration Status

Larson’s Spotlight on Recent Cases: Presumption of Compensability for Court Reporter’s On-the-Job Aneurysm
Posted on 13 Jan 2012 by Larson's Spotlight

Larson's Spotlight on Presumption of Compensability, Social Security Offset, Exclusive Remedy and Co-Employee Immunity, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the... Read More

Tags: New York , aneurysm , Social Security offset , medical expert , Equal Protection Clause , attendance , presumption , co-employee immunity , retaliatory discharge , exclusive remedy , nonpretextual , compensability