Industry Insights
| 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 | |||
| Still Pending | 09/26/2014 | ||
| State: NA | Segment: Top | 0 | |||
| In the next few days Gov. Jerry Brown will probably act on two bills of great interest to the workers’ comp community. According to an Assembly floor analysis, Assembly Bill 2616 (Skinner) would “extend to certain hospital employees who provide direct patient care the pre...Read More | |||
| September Case Law Update | 09/12/2014 | ||
| Source: Michael W. Sullivan | |||
| State: NA | Segment: Top | 0 | |||
| BUSINESS OF INSURANCE In Green-Steininger v. Image Support Systems, 2014 Cal. Wrk. Comp. P.D. LEXIS 377, the WCAB affirmed a WCJ's decision that CIGA was not entitled to any further reimbursement from a special employer when it established by a preponderance of substantial eviden...Read More | |||
| Supreme Court Decides to Stay Out of Work-Product Issue | 06/10/2014 | ||
| By: Joshua G. Holden | |||
| State: AL | Segment: | 0 | |||
| In Ex parte Schnitzer Steel Industries, Inc., released on September 27, 2013 (summarized on our blog September 28, 2013), the Alabama Supreme Court granted the employer’s pe...Read More | |||
