Worker’s Compensation Civil Procedure

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Two Claimants, One Check: A Common Maneuver That Can Get You Sued…Again

In 2009, Javier Escobar was injured in an auto accident that caused him to undergo extensive medical care at the Santa Clara Valley Medical Center - a hospital owned and operated by the County of Santa Clara (the “County”)....more

Florida’s Workers’ Comp System Goes Back to the Future . . . at the Expense of Your Premiums

On April 16, 2016, the Florida Supreme Court will hear another in a long line of cases brought by plaintiffs’ lawyers trying to turn the clock back on Florida’s Workers’ Compensation Law. Before 2003, employers in Florida had...more

Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of...more

A Change in Direction for Change in Condition?

On January 20, 2016, the South Carolina Court of Appeals handed down its opinion in Russell v. Wal-Mart Stores, Inc., 2016 WL 231216, and held that claimant is not required to prove a change of condition by objective...more

California Court Of Appeal Issues A Utilization Review Determination To Watch

The Fourth Appellate District of the California Court of Appeal issued its determination in a dispute over utilization review in its opinion of January 5, 2016, Kirk King et al. v. CompPartners, Inc. et al, 2016 S. O. S. In...more

Labor and Employment Group News: Retaliation Claims Difficult to Defend

A recent judgment in the United States District Court in Connecticut of over Five Hundred Thousand Dollars ($502,402.05) illustrates the difficulties involved in defending retaliation claims. Summerlin v. Almost Family, Inc.,...more

Texas Supreme Court Vindicates Employer That Uniformly Enforced its Leave Policy

On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee...more

Interplay Between Texas Workers' Compensation Law and Federal Family Medical Leave Act: Texas Supreme Court Addresses Impact of...

On December 4, 2015, the Texas Supreme Court provided significant guidance for employers by clarifying the relationship between the Texas Worker’s Compensation Act and the federal Family Medical Leave Act ("FMLA") in...more

Fraud conviction for worker who collected workers’ compensation benefits after returning to job

A Saskatchewan labourer has pleaded guilty to fraud after having been caught collecting workers compensation benefits following his return to work. He has also been ordered to reimburse the Saskatchewan Workers’...more

Georgia Supreme Court Interprets the Apportionment Statute in Conjunction with the Workers' Compensation Act

This month, the Georgia Supreme Court further extended the reach of the Georgia law addressing the apportionment of liability in tort cases in the case of Walker, et al. v. Tensor Machinery, et al. The Court had recently...more

Workers’ Compensation Mediation – What Employers Need to Know

The costs of civil litigation, and uncertainties of a jury trial, have turned mediation into its own cottage industry. Now more than ever, parties involved in civil suits will voluntarily agree to mediate the dispute, with...more

On The Road Again: Where Does Jurisdiction Lie for a Traveling Employee's Out of State Work Injury?

For companies that employ traveling employees, such as truck drivers, dealing with work injuries sustained by such employees can be challenging, because predicting which state will have jurisdiction over the employee's injury...more

Illinois Supreme Court Decision Bars Employee from Bringing a Direct Civil Action against Employer for Alleged Asbestos Exposure...

In Folta v. Ferro Engineering, Ill.S.Ct. Docket No. 118070, Nov. 4, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision and held that a personal injury and subsequent wrongful death suit brought on...more

Court Blocks Attempt to Circumvent the Med-Legal Process

On October 28, 2015, the Second District Court of Appeal, Division Six, published its opinion in Margaret Batten v. Long Beach Memorial Hospital, B260916, in which it determined that a self-procured medical-legal report...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

Court Crushes Constitutional Challenge To Independent Medical Review

In Frances Stevens v. Workers’ Compensation Appeals Board, Outspoken Enterprises, Case: A143043 1st District, Division 1, the California Court of Appeal upheld the constitutionality of California Labor Code Section 4610.6...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

When Going to Work is Work: McMorris v. New Haven and the Workers’ Compensation Act

Generally speaking, our workers’ compensation laws provide certain benefits for injuries arising out of or in the course of employment. Certain employees (police officers and firefighters) are referred to as “portal to...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

Insurance Recovery Law - July 2015 #3

Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more

9th Circuit Throws Lifebuoy to California Drowning In Workers’ Compensation Liens

The United States Court of Appeals for the Ninth Circuit resuscitated a contentious provision of California’s SB 863. In a unanimous decision on June 29, 2015, the court in Angelotti Chiropractic, Inc. v. Christine Baker, et...more

Appellate Court Notes

- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

Court Finds Marginal Relevance Not Enough to Compel Continued Discovery (Arizona)

Miller v. York Risk Servs. Grp., 2015 WL 3490031 (D. Ariz. June 3, 2015). In this worker’s compensation case, the plaintiffs moved to compel the defendant to produce Independent Medical Examination (IME) reports,...more

It’s Time We Finally Do Something About §42-1-580

My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there...more

A Reminder to Employers That FLSA Claims Cannot Be Waived in Most Circumstances

When an employer signs a general release of claims with a former employee, it expects that the agreement and the consideration provided will prevent future legal claims. However, certain actions, such as Workers’ Compensation...more

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