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Sullivan: April 2016 Case Law Update 04/20/2016
State: CA | Segment: Top | 932 | 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 | 2049 | 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 | 1503 | 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 | 355 | 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 | 587 | 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 | 867 | 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 | 395 | 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 | 1662 | 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 | 648 | 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 | 878 | 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
 
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