Industry Insights
| Sullivan: March 2016 Case Law Update | 03/02/2016 | ||
| By: Michael W. Sullivan | |||
| State: CA | Segment: Top | 0 | Popular with Legal | |||
| JURISDICTION AND SUBROGATION In Moore v. William Jessup University (2015) 81 CCC 31, the 3rd District Court of Appeal held that a delivery driver's negligence claim against a third party for inaccurately stating the weight of a box was barred under the assumption of risk doctrine....Read More | |||
| Supreme Court Issues Major Comp Subrogation Apportionment Decision | 02/01/2016 | ||
| State: GA | Segment: Top | 0 | Popular with Insurance | |||
| Just when you thought workers’ compensation subrogation in this country’s most difficult state could not get any more difficult, it does. In Zaldivar v. Prickett, 774 S.E.2d 688 (Ga. 2015), Prickett sued Zaldivar for injuries resulting from a 2009 work-related auto accident. The defen...Read More | |||
| Supreme Court Pulls Our State Back from Legal Chaos and Confusion, Sort of | 11/10/2015 | ||
| By: Eugene Keefe | |||
| State: NA | Segment: Top | 0 | |||
| It is hard to imagine Illinois subtly but certainly facing legal/legislative turmoil, confusion and disarray at the hands of the Illinois Trial Lawyers Association but we assure you it was present. We send kudos to the august members of our highest state court for pulling our state back to a semb...Read More | |||
| September 2015 Case Law Update | 09/04/2015 | ||
| By: Michael W. Sullivan | |||
| State: NA | Segment: Top | 0 | |||
| BUSINESS OF INSURANCE In San Francisco Bay Area Rapid Transit District v. General Reinsurance Corp. (2015) 80 CCC 712, the U.S. District Court for the Northern District of California held that it had jurisdiction to make a factual determination regarding the date of injury in a breach of ...Read More | |||
| Supreme Court (almost) Clarifies Subrogation in Employee Leasing | 08/04/2015 | ||
| By: Gary L. Wickert | |||
| State: NA | Segment: Top | 0 | |||
| Oklahoma has seen its share of changes in its workers’ compensation laws of recent. On May 6, 2013, Oklahoma Gov. Mary Fallin signed Senate Bill 1062 into law, creating a new Title 85A of the Oklahoma Workers’ Compensation Act to operate in parallel with existing Title 85, and on...Read More | |||
| Supreme Court Rules 'some Contribution' to Causation in Death Case Sufficient for Liability | 06/23/2015 | ||
| By: Richard M. Jacobsmeyer | |||
| State: NA | Segment: Top | 0 | |||
| The California Supreme Court has reversed a Court of Appeal decision, which had in turn reversed a Worker's Compensation Appeals Board award of dependency benefits in South Coast Framing v WCAB (Clark). The ...Read More | |||
| Supreme Court Weighs in on Carrier's Right to File 3rd-Party Action | 05/29/2015 | ||
| By: Gary Wickert | |||
| State: NA | Segment: Top | 0 | |||
| The ongoing saga in Pennsylvania – colloquially referred to as the “reluctant plaintiff problem” – has perhaps come to an end. Section 671 of Pennsylvania’s Workers’ Compensation Subrogation Statute couldn’t be clearer. It unambiguously states, “&he...Read More | |||
| Stevens Writ Granted | 12/18/2014 | ||
| State: NA | Segment: Top | 0 | |||
| Could the California courts finally be ready to rule on the constitutionality of independent medical review? We may be on the verge of seeing that issue decided. On Dec. 3, the California Court of Appeal First Appellate District, Division One ...Read More | |||
| Supreme Court Deals with Question of Voluntary Job Abandonment | 11/04/2014 | ||
| Source: Paul Pfeifer | |||
| State: NA | Segment: Top | 0 | |||
| On Sept. 6, 2006, Wanda Jacobs injured her back while working at her job for Cenveo, Inc. – a manufacturer of envelopes, labels and related items. She was treated at the emergency room the next day and released. Her treating physician – Dr. Marinela L. Turc – said that Wanda cou...Read More | |||
| Storm Warnings Not to Ignore | 10/27/2014 | ||
| By: Peter Rousmaniere (Featured Columnist) | |||
| State: NA | Segment: Top | 0 | |||
| I recently asked some individuals if the workers' compensation system might experience big disruptions in the next three years. They answered by a strong consensus that the downward trend in work injuries will not reverse itself, nor accelerate. At least half considered as proba...Read More | |||
