LexisNexis® Legal Newsroom
Louisiana: $5,000 Penalty Provision in Settlement Agreement May Not Be Enforced Against Claimant

A Louisiana appellate court recently held that while the terms of a compromise settlement agreement executed by a workers’ compensation claimant and an employer are generally recognized and fully binding on the parties, where the agreement calls for the payment, by the claimant, of stipulated damages...

WCAB’s Role in Distribution of 3rd Party Settlement Proceeds: Cal. Comp. Cases March Advanced Postings (3/11/2014)

Here’s the third batch of advanced postings for the March 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Albert Carrabello, Petitioner v....

Missouri: Employer Stuck With Its Settlement Offer After Worker Dies

An employer attempted to withdraw a settlement proposal for a lump sum of a permanent total award when a worker with an unrelated stage 4 cancer died while the settlement contract was awaiting approval by the Commission. In its second visit to the court of appeals on this case, the employer once again...

Must Love Dogs: DE Superior Court Rules Commutation Is Enforceable

Today we have a guest blogger, Cheryl Ward of Franklin & Prokopic. I am especially grateful to have a guest for what will be for most a short work week. Pictured here is Cheryl’s dog Shamrock. And while we all know I am not a “dog person”, I have to respect the fact that Cheryl...

Federal: Carrier’s Subrogation Claim May Not Be Removed to Federal Court

The Fifth Circuit Court of Appeals held the issue of whether a workers’ compensation insurance carrier was entitled to subrogation following a settlement between a third party and the insurance beneficiary employee arose under the Texas Workers’ Compensation Act and, therefore, the matter...

Wisconsin: Trial Court Can Compel Injured Employee to Accept Settlement of Third-Party Civil Action

The Supreme Court of Wisconsin affirmed a decision compelling a plaintiff/injured employee to accept a settlement offered in a third-party civil action he had filed against an alleged tortfeasor. The employee, who worked for the Village of Fontana, had filed a civil action against Northland Equipment...

Resolving Longshore Claims Through Settlements and Stipulations

Overview of Current Issues and Developments in Administrative Law Judges’ Decisions [n1] By Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Department of Labor, Washington, D.C. Many disputed Longshore claims[n2] referred to the Office of Administrative...

Shining Scars and a Pocket Dictionary: Delaware IAB Awards a Staggering 427 Weeks for Disfigurement

I heard about this one courtesy of Mr. Brady as he was dipping out my Black Bean Sirloin Chili at last week’s Holland Inn of Court. Turns out he also likes cornbread and between compliments on my culinary skills, he wanted to make sure I was aware of our case du jour , Heather Stevens v. Sam’s...

Kentucky: Injured Employee’s Settlement Does Not Bind Widow’s Subsequent Death Benefits Claim

Where an employee sustained a serious work-related injury—a torn thoracic aorta—in February 2006, and died almost four years later, having signed a release as to all future claims against the employer for an agreed upon lump-sum payment, his widow was not precluded from seeking death benefits...

Missouri: Commission Exceeded Authority in Ordering Subrogation Payment

A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for an amount far exceeding the subrogation lien could...

Missouri: Court Takes Away a Subrogation Credit

The Commission went too far to resolve a subrogation dispute after a third party settlement and violated due process of the claimant’s spouse when she was not a party to the comp claim. Graham v. Latco Contractors , 2015 MO App. Lexis 379 (lexis.com), 2015 MO App. Lexis 379 (Lexis Advance) (April...

Pennsylvania: Claimant’s Contention That Third-Party Tort Action Settled for $1 Found Less Than Credible

A Pennsylvania appellate court agreed that a Workers’ Compensation Judge appropriately dismissed a claimant’s Review, Modification and Reinstatement Petitions and agreed that claimant could not recover workers’ compensation benefits because he failed to disclose to the employer or its...

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’...

Utilization Review Addresses Medical Necessity, Not Manner of Payment: Cal. Comp. Cases September Advanced Postings (8/26/2015)

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Murphy v. WCAB , lexis.com ,...

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Calvin Collins, Petitioner v...

Late Breaking News from the Delaware Supreme Court on the Meaning of the Word “Resolved”

Folks, this is what many of you have been waiting for. The latest word from the Supremes on whether describing the nature of injury on an Agreement as to Compensation tendered by the Employer to include the word “resolved” precludes a future claim for permanent impairment….and by extension...

New York: Employee May Obtain Nunc Pro Tunc Approval of Settlement Only if Suit Is Actually Filed

Where an injured employee never commences a third-party action to recover for injuries arising out of the same incident as his or her workers’ compensation claim, but settles the claim for less than the amount of compensation he or she has received, a New York trial court is without authority to...

Vermont Workers' Compensation Update: October to December 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work at the Department as a “temp” for the...

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...

Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)

Here’s another batch of advanced postings for the February 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. Johns Mansville, self insured...

The Compromise and Release and the Hidden Glitches of “Paragraph 3”

After a Compromise and Release (C&R) has been drafted, executed and approved, it is common for parties to feel confident that they have resolved all relevant issues in a case. Defendants proceed to close out their files and move on, only to be unpleasantly surprised a while later, when applicant...

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...

Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident, the worker could nevertheless pursue a civil action...

Claim for Psychiatric Injury as Compensable Consequence of Chronic Hepatitis Not Precluded by Compromise and Release: Cal. Comp. Cases July Advanced Postings (6/22/2016)

Here’s the latest batch of advanced postings for the July 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. City of Los Angeles (Los Angeles...

California: The Settlement of the SJDB Voucher in the Post-1/1/13 Date of Injury Case

In Beltran v. Structural Steel Fabricators , 2016 Cal. Wrk. Comp. P.D. LEXIS – (cite pending), the WCAB panel rescinded the WCJ’s Order Approving Compromise and Release which disallowed the parties’ agreement to settle any claim the applicant laborer may have to a Supplemental Job Displacement...