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Workers' Compensation News

 

En Banc WCAB Suspends Some Procedural Rules 03/19/2020
State: CA | Segment: WEST | 0 | Popular with Legal
The Workers’ Compensation Appeals Board, sitting en banc, suspended four procedural rules as a result of the state of emergency California Gov. Gavin Newsom declared and because of cities instituting “shelter in place” orders in response to COVID-19. ...Read More
 
 

Employer Entitled to Dismissal of 3rd-Party Complaint for Indemnification 03/16/2020
State: NY | Segment: NORTH | 0 | Popular with Legal
A New York appellate court ruled that an employer was entitled to summary judgment dismissing a third-party complaint for indemnification and contribution for a worker’s injuries. ...Read More
 
 

Eight Long Islanders Charged With Payroll, Comp Fraud 03/12/2020
State: NY | Segment: NORTH | 0 | Popular with Insurance
Eight Long Island business owners have been charged with fraud after they allegedly underpaid the New York State Insurance Fund more than $133,000 in premiums, prosecutors said this week. ...Read More
 
 

Employer Maintains Ability to Object to Amputee's Award 03/06/2020
State: WY | Segment: WEST | 0 | Popular with Legal
The Wyoming Supreme Court ruled that an employer’s failure to object to an order from the Office of Administrative Hearings did not prevent it from later objecting to a decision to accept a worker’s claim. ...Read More
 
 

Employer Can Be Cited for Failing to Study Workplace Lead Exposure 03/05/2020
State: OR | Segment: WEST | 0 | Popular with Legal
The Oregon Court of Appeals ruled that an employer was properly cited for failing to conduct quantifiable testing to measure lead exposure at its facility. ...Read More
 
 

Employer Failed to Timely Raise Voluntary Abandonment Defense 03/05/2020
State: OH | Segment: NORTH | 0 | Popular with Insurance
A divided Ohio Supreme Court ruled that a hearing officer’s failure to address whether a worker had voluntarily retired from the workforce was not a mistake of law. ...Read More
 
 

Employer Has No Subrogation Claim Against Settlement Paid by Negligent Provider 02/11/2020
State: MD | Segment: SOUTH | 0 | Popular with Insurance
The Court of Special Appeals of Maryland ruled that an employer does not have a subrogation right against damages that an employee received from a negligent, third-party health care provider. ...Read More
 
 

Employer Cannot Be Reimbursed for Litigation Costs Paid in Error 02/10/2020
State: PA | Segment: NORTH | 0 | Popular with Insurance
The Commonwealth Court ruled that an employer cannot recoup costs from a claimant’s counsel where the employer is denied supersedeas and it is later determined that the award of litigation costs was made in error.  ...Read More
 
 

EMT, Law Enforcement Presumption Passes Committee 01/31/2020
State: NM | Segment: Top | 0 | Popular with Insurance
A committee in the New Mexico House of Representatives on Thursday voted 3-2 to pass a bill that would give emergency medical technicians and law enforcement officers the same presumption for post-traumatic stress disorder that applies to the state’s firefighters. ...Read More
 
 

Employer Can't Object to Worker's Request for Change of Doctors 01/30/2020
State: AL | Segment: SOUTH | 0 | Popular with Insurance
The Alabama Court of Civil Appeals ruled that principles of fairness barred an employer from objecting to a worker’s request for a change in doctors. ...Read More
 
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