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Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff...

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff...

2011 Year in Review: The Top 10 Workers’ Compensation Events in California

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur But Should Have in our workers’ compensation...

2011 Year in Review: The Top 10 Workers’ Compensation Events in California

By Robert G. Rassp, Esq. The year 2011 has been noteworthy for many events in our workers’ compensation system and as much for events that did not occur. So this year, we will add a bonus – the Top Five Events In 2011 That Did Not Occur But Should Have in our workers’ compensation...

The Passive Beneficiary: When Can an Applicant’s Attorney Be Paid From a Lien Claimant’s Recovery in California?

Note: Lexis.com subscribers can access the links below for the cases . There are many disputed cases where an applicant’s attorney may be successful in proving that an industrial injury occurred or that an employment relationship existed. This in turn will often result in a defendant having to...

The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien

This is serious business, folks, notwithstanding the title of today's post.....Props to Cheryl Ward of Franklin & Prokopic who, like me, spent part of her Good Friday keeping vigil over any late-breaking news in the world of comp. And heralding from the Delaware Supreme Court is Kingsley Simendinger...

California: Medical Lien Discovery Practice and In Camera Review

WCAB provides guidance on the discovery of corporate and financial documents and the right of privacy with respect to a medical lien In Garcia v. Arun Enterprises dba Subway , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, granting the defendant’s petition for removal, reversed the WCJ’s...

Massachusetts: Insurer’s Lien Does Not Reach Injured Worker’s Damages for Pain and Suffering in Third-Party Action

Relying upon an earlier decision [(Curry v. Great Am. Ins. Co., 80 Mass. App. Ct. 592 (2011)], a Massachusetts appellate court held that the workers’ compensation insurer’s lien under G. L. c. 152, § 15, does not reach the damages for pain and suffering recovered by the injured worker...

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)

Here’s the fourth batch of advanced postings for April 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. Frontline Medical Associates, Inc.,...

California Workers’ Comp Case Roundup (5/5/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 2015 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 2015 LexisNexis. All rights...

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...

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of the tort claim nunc pro tunc under N.Y. Workers’...

California: Professional Copy Services and Registration Requirements

In cases of first impression, the WCAB has interpreted Business and Professions Code section 22450 to exempt a copy service acting on behalf of an attorney from business registration requirements In Cacique v. Metro Pad & Fusing , 2015 Cal. Wrk. Comp. P.D. LEXIS -- , the WCAB, reversing the...

California: Top 25 Noteworthy Panel Decisions (July–December 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and reporting of panel qualified medical evaluators...

California: Defendant Found Responsible for EDD Lien When Lien Not Resolved Prior to Approval of Compromise and Release

In Borbeck v. ACE Building Maintenance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order requiring the defendant to pay EDD $33,921.68 in satisfaction of EDD’s lien for unemployment compensation paid to the applicant. The WCAB found that unemployment compensation payments...

California Workers’ Compensation Case Roundup (2/11/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 1 January 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...

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...

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...

California: SB 863’s $150 Lien Fee Is Not Unconstitutional

A California appellate court dismissed a claim filed by two workers who objected to the state’s workers’ compensation lien filing fee and non-assignment provisions of Labor Code §§ 4903.05, subd. (c) and 4903.8, finding that the workers had failed to demonstrate a beneficial interest...

Virginia: Arbitrator’s Award of Lien Reimbursement to Comp Insurer Need Not Be Shared With Injured Worker

Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds with the injured worker on a pro rata basis;...

California: Another Hurdle for Lien Claimants

In Guerrero v. Easy Staffing , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, affirmed the WCJ’s order dismissing the lien of Advance Care Specialist Medical Clinic (ACSMC) for failure to timely file the lien pursuant to the 18-month statute of limitations applicable to...

New York Workers’ Compensation Trends and Developments for 2015

Many of the new developments in Workers’ Compensation Law and Practice in New York in 2015 were in the area of administrative and regulatory changes resulting from the Workers’ Compensation Board’s Business Process Re-engineering Project (BPR). There were very few legislative developments...

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)

Here’s the latest batch of advanced postings for the June 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. David Payne, M.D., Petitioner v...

West Virginia: Insurer Has No Subrogation Interest Since Benefits “Paid” Under Policy Were Less than Employer’s Large Deductible

Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when he was struck and run over by an underground shuttle...

North Carolina: UIM Carrier Has Standing to Seek Determination of Subrogation Lien

Where the employer and its servicing agent paid $528,665.61 in workers’ compensation benefits to an injured employee and the employee was awarded a substantially smaller sum, $285,000.00, in his third party suit against the driver of another vehicle, an UIM insurer that owed excess coverage had...