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Workers' Compensation News

 
Excess Insurance Carrier Had No Duty to Contribute to Settlement of Worker's Intentional Tort Claim 05/19/2023
State: DE | Segment: NORTH | 0 | Popular with Legal
The Delaware Superior Court granted summary judgment to an excess insurance carrier, finding it had no obligation to contribute to the settlement of an injured worker’s intentional tort claim. ...Read More
 
 

Employer's Witness Properly Stricken Due to Failure to Timely Disclose Identity 05/12/2023
State: LA | Segment: SOUTH | 0 | Popular with Legal
A Louisiana appellate court upheld a decision to strike an employer’s witness due to failure to timely disclose her identity prior to trial. ...Read More
 
 

Employer Fails to Rebut Presumption That Treatment, Injuries Are Linked 05/05/2023
State: NC | Segment: SOUTH | 0 | Popular with Employer
The North Carolina Court of Appeals upheld a determination that an employer failed to produce sufficient competent evidence to rebut a presumption that an injured worker’s treatment expenses were related to a compensable injury. ...Read More
 
 

Estate Fails to Assert Viable Willful Negligence Claim Arising From Fatal Accident 05/04/2023
State: NC | Segment: SOUTH | 0 | Popular with Insurance
The North Carolina Court of Appeals ruled that the president of a furniture manufacturing business should have been granted summary judgment dismissing a civil suit against him by the estate of a worker killed in a freak accident at the company's plant. ...Read More
 
 

Elizabeth Frenzel Joins Injury Management Organization as Medical Director 05/02/2023
State: TX | Segment: SOUTH | 0 | Popular with Legal
Dr. Elizabeth Frenzel recently joined Injury Management Organization Inc. as its new medical director. ...Read More
 
 

Employer Fails to Prove Carrier Wrongfully Denied Coverage for Out-of-State Accident 04/28/2023
State: IL | Segment: NORTH | 0 | Popular with Legal
The Illinois Appellate Court upheld the dismissal of an employer’s challenge to a carrier’s denial of coverage for a West Virginia worker injured in an accident. ...Read More
 
 

Exclusive Remedy Requires Dismissal of Worker's Claim That WCJ Was Celebrity in Disguise 04/27/2023
State: CA | Segment: WEST | 1 | Popular with Legal
A California appellate court upheld the dismissal of a worker’s complaint alleging the judge who denied her workers' compensation claim was a celebrity in disguise, which rendered his decision invalid. ...Read More
 
 

Employer on Date of Worker's Diagnosis Held Liable for Benefits 04/18/2023
State: NY | Segment: Top | 0 | Popular with Insurance
A New York appellate court upheld a determination that the employer at the time a worker was diagnosed with an occupational disease was liable for his benefits, not his latest employer in time. ...Read More
 
 

Exclusive Remedy Doesn't Shield Company From Civil Suit 04/17/2023
State: AR | Segment: SOUTH | 0 | Popular with Insurance
The Arkansas Court of Appeals ruled that the exclusive remedy provision of the workers’ compensation law did not bar a man from pursuing a civil suit against a company co-owned by the owners of his employer. ...Read More
 
 

Estate Asserts Viable Civil Claims Against Employer, Supervisor 04/06/2023
State: NC | Segment: Top | 0 | Popular with Insurance
A divided North Carolina Court of Appeals ruled that the estate of a worker who suffered a fatal crush injury alleged sufficient facts to pursue civil liability claims against the employer and a supervisor. ...Read More
 
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