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Workers' Compensation News

Stoddard: Oh, I Made a Mistake! Petitions to Set Aside 07/01/2016
By: Randall P. Stoddard
State: CA | Segment: Top | 1830 | 0 | Popular with Vendor | 2 min read
I recently attended the Workers’ Compensation Section 2016 Spring Conference at the State Bar of California. One speaker, the Honorable Judge Cliff Lee, presented “Oops: Mistakes, Errors and Petitions to Set Aside.” His insights are well worth sharing. ...Read More

Sullivan: June 2016 Case Law Update 06/02/2016
State: CA | Segment: Top | 1622 | 0 | Popular with Legal
In Hartzheim Dodge Inc. v. WCAB (Navarro) (2016) 81 CCC 362 (writ denied), the WCAB held that an employer was not entitled to credit against its workers’ compensation liability for a discrepancy between an applicant’s civil settlement and the amount reserved as payment for damage...Read More

Sullivan: May 2016 Case Law Update 05/09/2016
State: NA | Segment: Top | 2058 | 0 | Popular with Legal
Jurisdiction and subrogation In Collazo v. Global Manufacturing (2016 Cal. Wrk. Comp. P.D. LEXIS 86), the Workers' Compensation Appeals Board held that a defendant was not entitled to a credit from an applicant's civil settlement when it was not clear from th...Read More

Sullivan: April 2016 Case Law Update 04/20/2016
State: CA | Segment: Top | 1173 | 0 | Popular with Legal
Business of insurance In CIGA v. WCAB, 2016 Cal. App. LEXIS 213, the 2nd District Court of Appeal held that CIGA was not bound by a C&R agreement between two insurers apportioning liability for remaining liens.  ...Read More

Sprang: Use of Subpoenas In Workers' Compensation 04/11/2016
State: CA | Segment: Top | 2308 | 0 | Popular with Legal
Sent out repeatedly by all of the participants in the process, the subpoena for records is easily the most frequently used official document in workers’ compensation practice, yet it remains poorly understood and frequently misused. Understanding its essentials will prevent you fr...Read More
Sullivan: March 2016 Case Law Update 03/02/2016
By: Michael W. Sullivan
State: CA | Segment: Top | 1866 | 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 | 418 | 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 | 758 | 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 | 1215 | 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 | 474 | 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
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