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Workers' Compensation News

 

Employer's Subsidiary Fails to Raise Viable Exclusivity Defense to Worker's Claim 10/31/2023
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that the exclusive remedy provision of the Workers’ Compensation Law did not bar an employee’s civil suit against her employer’s wholly owned subsidiary. ...Read More
 
 
Excusive Remedy Barred Car Dealer Employee from Civil Recovery for Fall from Roof 10/23/2023
State: TX | Segment: SOUTH | 0 | Popular with Legal
A Texas appellate court upheld the summary dismissal of an injured worker’s claim against his employer as barred by the exclusive remedy provision of the Labor Code. ...Read More
 
 

Employment Agency Owner Sentenced for Fraud 09/29/2023
State: MA | Segment: NORTH | 0 | Popular with Vendor
The owner of an employment agency was ordered to pay more than $150,000 in restitution as part of her sentence for a workers’ compensation premium fraud scheme, federal prosecutors in Massachusetts announced. ...Read More
 
 

Engineering Firm Not Entitled to Summary Judgment on Indemnification, Contribution Claims 09/26/2023
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that an engineering and consulting firm for a bridge rehabilitation and painting project was not entitled to summary judgment dismissing the indemnification and contribution claims against it arising from a worker’s injuries. ...Read More
 
 

Employer's Undisputed Violations of Law Don't Warrant Penalties 09/14/2023
State: PA | Segment: NORTH | 0 | Popular with Legal
The Commonwealth Court of Pennsylvania upheld a denial of a worker’s request for penalties against his employer despite the company's undisputed violation of state the Workers’ Compensation Act. ...Read More
 
 

Employer Can Compel Arbitration of Widow's Claim of Gross Negligence 09/07/2023
State: TX | Segment: SOUTH | 0 | Popular with Employer
A divided Texas appellate court ruled that an employer could compel a widow to arbitrate her gross negligence claim arising from her husband’s fatal work accident. ...Read More
 
 

Employer's Payment Records Properly Admitted Into Evidence; Attorney's Fee Properly Reduced 09/06/2023
State: MO | Segment: SOUTH | 0 | Popular with Employer
A Missouri appellate court upheld the evidentiary rulings allowing for the admission of an employer’s records of payment for a worker’s medical bills, as well as the reduction of the fee payable to the worker’s attorney. ...Read More
 
 

En Banc WCAB Denies Reconsideration of Nunes Decision 08/31/2023
State: CA | Segment: Top | 0 | Popular with Legal
The California Workers’ Compensation Appeals Board sitting en banc denied a petition to reconsider a decision it issued in June holding that so-called “vocational apportionment” can’t supplant otherwise valid medical apportionment. ...Read More
 
 

Employer Must Pay for Injection Recommended by Doctor 08/24/2023
State: UT | Segment: Top | 0 | Popular with Insurance
The Utah Court of Appeals upheld an order for an employer to pay for an injection that a doctor recommended as part of a worker’s treatment. ...Read More
 
 

Employer Can't Bar Use of Audio Recordings as Evidence 08/24/2023
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that an allegedly injured worker’s employer was not entitled to a discovery sanction barring any party from using audio recordings of conversations between the worker and the company’s owner as evidence at trial. ...Read More
 
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