LexisNexis® Legal Newsroom
Exclusive Remedy Bars Contribution Claim, But Not Indemnification Claim

An employer ("the employer") determined that it should install special safety mats around a shear cutting machine to eliminate hazards presented when a worker stood too close to the machine. The safety mats functioned by shutting the cutting machine down when a certain amount of pressure was...

The Triangle Shirtwaist Fire: One Hundred Years Later

On March 25, 1911 six hundred workers were ending their day at the Triangle Shirtwaist Company on the top floors of the 10-story Asch Building located on Washington Square East in Manhattan. Shortly before 4:45 p.m. fire broke out in wooden scrap boxes under the cutting tables. Workers rushed to...

Missouri: Court Tightens Burden of Missouri Employer to Invoke Safety Penalty

Claimant carried a 100-pound roll of composite on to a roof, he hurt his back and became totally disabled. The Western District court of appeals reversed the 50% safety penalty on his benefits applied by the administrative law judge and the Commission and remanded the case for further findings. Carver...

How to Achieve a Desirable Experience Modification Factor Under NCCI’s New System

By John Stahl, Esq. A recent Risk & Insurance webinar entitled “Big Changes Coming in Workers’ Compensation Premiums” stresses that actively reducing your “Experience Modification Factor” (“mod”) today should reap disproportionately high reductions in workers’...

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...

Remote Work Policy: The Pro’s and Con’s

By Ryan Benharris, Esq. The American dream of a 40-hour work week long ago abandoned the notion that work has to be a fixated place of employment. The ever-changing face of the workforce in the U.S. sees millions of people working from home or some remote location. Though the benefits to working remotely...

safety first

The Impact of OSHA Developments on Workers’ Comp: Ch-ch-changes (Turn and Face the Shame)

Warning Employers About a New Enforcement Paradigm By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter Something’s afoot at the Occupational Safety & Health Administration, and it’s the kind of sea change that should have...

Occupational Safety Research: The Potentials and Hurdles of Using Workers’ Comp Data

By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Last December at the National Institute for Occupational Safety and Health (NIOSH) Workers’ Compensation Leaders Research Colloquium in Washington, D.C., many key leaders and stakeholders in...

The Adversaries and Frenemies of Workers’ Compensation

Coming down on the side of a system that endures “You have enemies? Good, that means you stood up for something.” – Eminem By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. When it comes to workers’ compensation, some folks are just gonna hate. And others, well...

IAIABC Taking Part in Shaping the Future of Workers’ Compensation

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC On April 20, 2016, the IAIABC kicked off the National Conversation on the Future of Workers’ Compensation at its Forum in Santa Fe, New Mexico. In a three hour session, questions were presented to about 100 attendees to debate in round...

Oklahoma: Intentional Tort Case May Continue Under “Substantially Certain” Rule

The Supreme Court of Oklahoma held that there were material issues of fact as to whether the decedent’s employer knew that injury or death was substantially certain to result from the task decedent and his coworkers were directed to complete and the conditions in which they were required to work...

8 Myths and Facts About Workers’ Compensation (August 2016)

The LexisNexis Legal Newsroom Workers’ Compensation Law has interviewed leading experts from different segments of the workers’ compensation industry to tell us some common myths and facts about workers’ compensation. Note that the myths listed below are set forth in random order and...