Workers' Compensation

Recent Posts

Illinois: Description of Injury in Workers’ Compensation Settlement Agreement Did Not Bar Later Third-Party Claim for Additional Injuries
Posted on 8 Feb 2019 by Thomas A. Robinson

Where plaintiff, a semi-truck driver for a Pennsylvania corporation, sustained injuries in a vehicular accident in Grundy County, Illinois and eventually settled his Pennsylvania workers’ compensation claim by means of a settlement agreement in... Read More

Virginia: Claimant Bound by Terms of Settlement Agreement and Full Release
Posted on 18 Jan 2019 by Thomas A. Robinson

Where a claimant filed multiple claims, was represented by an attorney, and later entered into a settlement agreement that provided, inter alia , (a) that the employer would not be responsible for medical costs associated with a claimed right shoulder... Read More

United States: Claimant’s Unilateral Mistake Cannot Defeat Settlement and Release
Posted on 14 Dec 2018 by Thomas A. Robinson

Where a former employee, represented by counsel, sought workers’ compensation benefits and later settled his claim for $3,800, executing a settlement agreement and general release, it was inconsistent for him later to argue that the release should... Read More

California: Fine Print on Preprinted C & R Form Does Not Cause Waiver of Claims Outside Immediate Context of Workers’ Comp
Posted on 15 Jun 2018 by Thomas A. Robinson

Language contained in a preprinted Compromise & Release form, which purported to release the employer from liability for ”any and all potential claims” did not constitute a waiver by a former employee when he subsequently filed suit against... Read More

Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit
Posted on 3 Apr 2015 by Larson's Spotlight

Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s... Read More

Mississippi: Approval of Settlement Agreement After Worker’s Death Sustained
Posted on 1 Jun 2017 by Thomas A. Robinson

Where an injured employee and the employer (and carrier) executed a settlement agreement, forwarding it on to the state’s Workers’ Compensation Commission for approval and the employee died from unrelated causes two days before the agreement... Read More

Mississippi: Change in Condition Petition Denied Following Mediated Settlement
Posted on 4 May 2018 by Thomas A. Robinson

The burden of proof for showing a change in condition is on the party asserting the change. Accordingly, where it was undisputed that an employee sustained injuries in a work-related accident, but both the extent of her disability and the issue of resulting... Read More

Alabama: Settlement Agreement Signed by Parties, But Not Approved by Trial Court, Dies Along With Claimant
Posted on 2 Jul 2015 by Larson's Spotlight

Under the provisions of by Ala. Code § 25-5-56, the trial court must approve any agreement compromising an injured worker’s benefits in order to be enforceable. Under that rule, an Alabama appellate court affirmed a finding that a settlement... Read More

Vermont: Commissioner May Not Set Aside Settlement Agreement on Public Policy Grounds
Posted on 29 Sep 2017 by Thomas A. Robinson

Where a hearing officer approved a workers’ compensation settlement agreement that contained broad release language and had required the claimant to sign a separate letter acknowledging the breadth of the release of future rights to seek additional... Read More

Delaware: Exchange of Correspondence Regarding “Resolved” Back Injury Constitutes a Binding Settlement Agreement
Posted on 6 Nov 2015 by Larson's Spotlight

Substantial evidence supported a finding by the Industrial Accident Board that a worker and his employer had settled the worker’s back injury claim where an examining physician (hired by the defense) wrote a report saying that as of the date of... Read More

California Workers' Comp Cases Roundup (4/11/2012)
Posted on 11 Apr 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 3 March 2012 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... Read More

Take Medicare Off That Check: Court Rules That Medicare Not Required to be on Settlement Check
Posted on 19 Jun 2012 by Mark Popolizio, Esquire

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In Hearn v. Dollar Rent A Car, Inc., et. al. , 2012 Ga. App. LEXIS 338 (Ga. Ct. App. March 26, 2012), the Georgia Court of Appeals was called upon to address whether the court could enforce... Read More

Larson’s Spotlight on Recent Cases: Spouse’s Loss of Consortium Action Against Employer Barred by Exclusive Remedy Rule
Posted on 24 Aug 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Settlement Agreement, Tort Immunity for Co-employee, Narcotics and Return to Work. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Co-employee Immunity Case With a No Liability Settlement Twist: Things That Make You Go Hmmm
Posted on 14 Sep 2012 by Thomas A. Robinson

An employee files an injury claim against the employer and receives a $6,000 lump sum payment in exchange for a "no liability" settlement with the employer. The settlement is subsequently approved by the Industrial Commission. May the employee... Read More