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Workers' Compensation News

 

Exclusive Remedy Bars Mother's Suit Over Son's Murder by Co-Worker 08/10/2023
State: IL | Segment: NORTH | 0 | Popular with Insurance
The Appellate Court of Illinois upheld a determination that the exclusive remedy provision of the Workers’ Compensation Act barred a mother’s lawsuit against her slain son’s employer for his murder by a co-worker. ...Read More
 
 

Employer Gets Relief From Discovery Order in Personal Injury Action 08/07/2023
State: TX | Segment: Top | 0 | Popular with Legal
A Texas appellate court ruled that an employer was entitled to conditional writ relief vacating a trial judge’s order compelling it to produce discovery in an employee’s civil suit for an allegedly work-related injury. ...Read More
 
 

Employer Can't End Benefits Based on Return-to-Work Clearance 07/31/2023
State: GA | Segment: SOUTH | 0 | Popular with Insurance
The Georgia Court of Appeals ruled that an employer improperly terminated an employee’s benefits based on the opinion of a referred specialist clearing him to return to work without any similar recommendation from the treating physician. ...Read More
 
 

Employer Loses Challenge to TTD Award 07/31/2023
State: OH | Segment: NORTH | 0 | Popular with Medical
An Ohio appellate court denied an employer’s request for relief from a temporary total disability award to an employee to whom it had offered light-duty work. ...Read More
 
 

Economic Recovery Helps Drive 14% Increase in Premiums 07/26/2023
State: CA | Segment: WEST | 0 | Popular with Legal
California workers’ compensation premium levels increased 14% in 2022 as a result of the economic recovery following the pandemic, according to the Workers’ Compensation Insurance Rating Bureau. ...Read More
 
 

Employer's Failure to Repair or Replace Safety Guard Does Not Constitute 'Removal' 07/13/2023
State: OH | Segment: Top | 0 | Popular with Legal
An Ohio appellate court ruled that an employer should have been granted summary judgment dismissing an employee’s intentional tort claim because its failure to repair or replace safety guards on its equipment did not demonstrate an intent to injure. ...Read More
 
 

Exclusivity Doesn't Bar Family's Claim Against Employer for Asbestos Exposure 07/13/2023
State: KY | Segment: SOUTH | 0 | Popular with Insurance
The Kentucky Court of Appeals ruled that the exclusive remedy of the Workers’ Compensation Act did not bar a tort suit by the family of a woman who died from mesothelioma. ...Read More
 
 

Evidence of Crime Victim's WC Claim Not Relevant to His Credibility 07/10/2023
State: MD | Segment: SOUTH | 0 | Popular with Legal
The Appellate Court of Maryland upheld the conviction of a motorist for intentionally striking a municipal worker with his vehicle, ruling that evidence of the worker’s use of workers’ compensation coverage for treatment was irrelevant to his credibility. ...Read More
 
 

En Banc WCAB Clarifies Requirements for Apportionment by Reporting Physicians, Vocational Experts 06/26/2023
State: CA | Segment: Top | 0 | Popular with Legal
The California Workers’ Compensation Appeals Board last week issued an en banc decision clarifying the requirements for doctors and vocational experts to properly opine on apportionment. ...Read More
 
 

Exclusive Remedy Bars Worker's Negligent Supervision Claim 06/21/2023
State: IA | Segment: Top | 0 | Popular with Insurance
The Iowa Supreme Court ruled that a worker’s claim of negligent supervision for failure to protect her from assault and battery by her supervisor was barred by the exclusivity provisions of the Iowa Workers' Compensation Act. ...Read More
 
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