LexisNexis® Legal Newsroom
Kentucky Supreme Court to Kentucky Legislature: “Eat our Coal Dust”

Vision Mining, Inc. v. Gardner , 2010-SC-000311-WC (Ky. 2011): KRS 342.316 subjects coal workers’ pneumoconiosis claimants to a more stringent statutory treatment than all other pneumoconiosis claimants and thus violates the equal protection guarantees of the Federal and Kentucky Constitutions...

Larson’s Spotlight on Recent Cases: Court Questions Sufficient Nexus Where Injured Worker Hit by Car Returning From Physical Therapy Appointment

Larson's Spotlight on Intervening Cause, Chronic Obstructive Pulmonary Disease, Exclusive Remedy, and Offset. 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...

Unconstitutionality of New Mexico’s Farm and Ranch Laborer Exclusion: Griego v. WCA

Griego et al. v. WCA et al. ; CV 2009-10130 (New Mexico’s Second Judicial District Court) In New Mexico, a state district court judge recently ruled that it is unconstitutional to exclude farm and ranch laborers from the New Mexico Workers’ Compensation Act (“Act”). Despite...

California: Lien Claimants’ Notice of Representation Under SB 863

WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments? Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly enforcing new Rule 10774.5 ( reprinted in full below...

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...

California: Statute Prohibiting Self-Insurance by Temp Services Employers and Leasing Employers Upheld

A California appellate court has upheld the constitutionality of Labor Code § 3701.9, which generally prohibits temporary services employers (TSE's) and leasing employers (LE's) from self-insuring their workers’ compensation liability. Plaintiffs had contended that the statute violated...

Florida Workers’ Compensation: The Great Wait

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis) was prepared we noted two significant...

New Mexico: “Farm and Ranch Laborer” Exclusion Found Unconstitutional

In a split decision, the Court of Appeals of New Mexico held that N.M. Stat. Ann. § 52–1–6(A), which excludes from coverage “employers of … farm and ranch laborers,” violates workers’ rights to equal protection under Article II, Section 18 of the New Mexico Constitution...

California: Angelotti Challenge Fails

The U.S. Court of Appeals 9th Circuit has now handed a big win to the architects of the SB 863 reforms. The case is Angelotti Chiropractic et al v. Baker (see link to the opinion below). Angelotti was a constitutional challenge to the lien activation fee provisions of SB 863. At the trial court...