LexisNexis® Legal Newsroom
How Do I Love Thee? DE IAB Takes Jurisdiction Of Dispute Over Commutation (Duh!)

Chief Hearing Officer Chris Baum tells me that this release was timed to coincide with the case discussed in my last post, Jesus Silva-Garcia v. City Window Cleaning [see post of 12/1/10 titled "We got you covered..."] And today's decision is another one of those little legal gems.....let...

Five Recent Cases You Should Know About (1/28/2011)

Larson's Spotlight on Illegal Alien, Exclusive Remedy, Average Weekly Wage, Ex Parte Communication, Medicare Set-Aside. 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...

California Workers' Comp Cases Roundup (4/11/2012)

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 © Copyright 2012 LexisNexis. All rights reserved...

Take Medicare Off That Check: Court Rules That Medicare Not Required to be on Settlement Check

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 a settlement agreement without Medicare being...

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

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 Workers' Compensation Law , has compiled...

Co-employee Immunity Case With a No Liability Settlement Twist: Things That Make You Go Hmmm

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 now proceed in tort against a co-employee who caused...

Vermont: Physician’s Use of AMA Guides’ DRE Method—Rather Than ROM Method—for Determining Impairment Did Not Support Reformation of Settlement Agreement

Where settlement in 2002 (via Vermont’s Form 22) of the PPD segment of a workers’ compensation claim was based upon a physician’s use of the AMA Guides’ Diagnosis Related Estimate (“DRE”) and, six years later, two different physicians indicated that it would have been...

Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit

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) right to subrogate against the third party settlement...

Alabama: Settlement Agreement Signed by Parties, But Not Approved by Trial Court, Dies Along With Claimant

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 agreement that had been signed by the parties and...

Delaware: Exchange of Correspondence Regarding “Resolved” Back Injury Constitutes a Binding Settlement Agreement

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 examination “any low back injury causally related...