| A Note From the Editor |  | |
Dear Work Comp Community:
Hat tip to Larson Advisory Board Member Thomas P. Kieselbach, of Cousineau McGuire Chartered in Minneapolis, for bringing the Minnesota DLI settlement study to our attention.
To sign up for this free weekly eNewsletter, click here. To read past issues, access the archives.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
|
|
|
why workers settle | |
New Study on Why Workers Settle Their Workers' Comp Claims, by Robin E. Kobayashi, J.D. and Thomas P. Kieselbach, Esq. The Minnesota Department of Labor & Industry's (DLI) newly released study on "Workers' Perspectives on Settlements and Hearings" (February 2013) finds that a large percentage of workers with settlements were concerned about the fairness and outcome of the settlement process, and felt pressured by primarily their attorneys, followed by insurers and employers, to settle their workers' comp claims. Interestingly, about half of the workers surveyed were not employed, and of those that were employed, approximately half of them reported a decrease in wages compared to their pre-injury wage. Additionally, many workers reported that their medical condition had become worse. Read more. |
 |
|
larson's on dual persona | |
Larson's Dual Persona Doctrine Recognized by South Carolina Supreme Court, by Thomas A. Robinson. Responding to a certified question by the U.S. District Court for the District of South Carolina, the Supreme Court of South Carolina recently held that the state recognizes the "dual persona" doctrine" as that doctrine is described in Larson's Workers' Compensation Law. Under that doctrine, an "employer may become a third person, vulnerable to tort suit by an employee, if--and only if--it possesses a second persona so completely independent from and unrelated to its status as employer that by established standards the law recognizes that persona as a separate legal person." In the instant case, a soaking vat had been designed and constructed by company A, which later merged with...Read more about this case and other cases on Wages in Lieu of Compensation Benefits, Violation of OSHA Standards, and Personal Deviation. |
|
Why Workers Settle Their Claims
Workers' Comp Fraud Blotter: 
California: Keys to Proving Apportionment: The Bullet Proof List, by Calif. WCAB Noteworthy Panel Decisions Reporter Staff. 
