Co-employee Immunity Case With a No Liability Settlement Twist 

     

Things that make you go hmmm

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Co-employee Immunity Case With a No Liability Settlement Twist: Things That Make You Go Hmmm, by Thomas A. Robinson. An employee files an injury claim against the employer and receives a $6,000 lump sum payment in exchange for a "no liability" settlement with the employer. The settlement is subsequently approved by the Industrial Commission. May the employee now proceed in tort against a co-employee who caused the injury? Read more.

Lex Larson on Matthew Bender's 125th Anniversary. Lex Larson, president of Employment Law Research Inc. and the author of five Matthew Bender treatises, including Larson's Workers' Compensation Law and Larson's Workers' Compensation, Desk Edition, helps commemorate the 125th anniversary of Matthew Bender by discussing his experiences writing the treatises over the years. Listen to the podcast.

Unexplained Death Presumption Relates to Precipitating Rather Than Immediate Cause of Death, by Thomas A. Robinson. A Georgia appellate court recently vacated a decision by a state superior court that held that a surviving spouse of a school principal was entitled to the unexplained death presumption in her claim for workers' compensation benefits. The appellate court agreed with the superior court that both the ALJ and the Board had misapplied the law related to the presumption-the ALJ ruled (and the Board affirmed) that there could be no presumption since the principal died at the hospital several days after being admitted; the immediate cause of death was, therefore, quite known. Read more about this and other cases on Borrowed Employee, Personal Mission, and Unscheduled Benefits.

AZ: IC Posts Administrative, Special Fund Assessment Rates for CY 2013.

CA: History of WC Reform Attempts Suggests "No" Vote on SB 863 Was "Right Call".

CA: Judge Approves $15M Settlement Over Collapse of Workers Comp Insurer Superior National.

CA: BART Allocates $8.9M to Address 800 Workers Comp Claims.

CA: WCIRB Releases 1Q Insurer Results.

CA: WCIRB Begins Roll Out of New Internal Operating System.

CA: CWCI Schedules Workers' Comp Reform (SB 863) Seminars.

HI: State Paid Dead Man $400K in Workers Comp.

HI: State Paid Another Dead Man $80K in Workers' Comp.

IA: AG Alleges Deceptive Marketing by Workplace Labor Poster Company.

KY: KEMI Keeping Close Watch on Prescribed Narcotics to Injured Workers in Kentucky.

MA: Workers Comp Rate Caps Still Worrisome for Industry Officials.

MN: DLI Posts August 2012 Newsletter.

MN: DLI Posts Results of Settlement and Hearings Survey.

MT: Lawmakers Discuss Latest Draft of Workers' Comp Volunteer Firefighter Bill.

NV: High Court Rules Tip Income Must Be Included in Determining Workers Comp Payments.

NY: Study Shows Nassau County Overpaid Workers Comp by $13M Since 2010.

NY: Report Says Surcharge Added to WC Assessments Are Highest in Nation.

OH: Five Policies Revised in Industrial Commission's Hearing Officer Manual.

OR: WCD Says 2013 Rates Stable Overall, Changes Vary by Employer.

OR: Employers to Receive Second Annual Rate Increase in 2013.

OR: SAIF Declares $150M Dividend for Policyholders.

September 10, 2012: The New Mobile Workforce. 

September 4, 2012: The Future of Exclusive Remedy: Are Employers Still Protected?

August 27, 2012: The Status of Workers' Comp in the U.S.

August 20, 2012: Why Every Employer Needs a Post-Injury Response Procedure. 

August 13, 2012: The Case for Clear Guidelines for Nurse Case Managers. 

August 6, 2012: Love it or Hate it: Medicare Secondary Payer Enforcement Is Here to Stay. 

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.