Employer’s subrogation right limited in PI case 
Published: January 22, 2013
Tags: negligence, subroga, workers' compensation
State workers’ compensation law did not allow an employer to recover the amount of future medical benefits to be provided to an employee from his personal injury settlement with a third party, the Tennessee Supreme Court has ruled in reversing judgment.
Illegal alien can get comp for permanent earnings loss
Published: January 9, 2013
Tags: disability benefits, illegal aliens, workers' compensation
An employee who is not a legal resident of the U.S. is entitled to workers’ compensation benefits for a permanent total loss of earning power resulting from a work-related injury, the Nebraska Supreme Court has ruled in affirming judgment.
Benchmarks: Lawyer denied comp for chemical sensitivity disorder
By:
Pat Murphy
Published: December 11, 2012
Tags: attorneys, multiple chemical sensitivity, workers' compensation
A Washington lawyer claims she developed multiple chemical sensitivity disorder as a result of chemicals released in her former firm’s newly remodeled office.
Yesterday, a state court rejected her bid for workers’ compensation benefits.
Benchmarks: Worker has intentional tort claim for toxic exposure
By:
Pat Murphy
Published: November 19, 2012
Tags: intentional tort, toxic tort, workers' compensation
An Oklahoma power plant worker has overcome the typically insurmountable hurdle of workers’ comp exclusivity, getting the green light to pursue an intentional tort claim against his employer for exposure to toxic fly ash.
Comp claimant must authorize ex parte communication
Published: November 9, 2012
Tags: ex parte, Health Insurance Portability and Accountability Act, HIPAA, workers' compensation
A workers’ compensation claimant was required to authorize her treating physician to engage in ex parte communication with her employer’s attorney, the Georgia Supreme Court has ruled in reversing judgment.
$6.2M settlement is record for comp claim in Virginia
Published: October 19, 2012
Tags: brain injury, Virginia, workers' compensation
A judge has approved the largest reported workers’ compensation settlement in Virginia, a $6.2 million package that coordinates ongoing Social Security benefits, a Medicare set-aside fund and a special needs trust to care for a young worker who will need lifetime services.
Workers’ comp exclusivity bars consortium claim
Published: August 23, 2012
Tags: loss of consortium, workers comp, workers' compensation
Workers’ compensation exclusivity barred a claim for loss of consortium brought by the wife of an injured worker – even though state law permitted her husband’s tort claim against the employer, the California Supreme Court has ruled.
Benchmarks: Ex-NFL punter gets workers’ comp
Published: August 23, 2012
Tags: forum selection clause, workers' compensation
Maryland’s highest court decided yesterday that former NFL punter Tom Tupa is entitled to workers’ compensation benefits for a career-ending back injury suffered in a 2005 pregame warm-up.
Worker can’t sue comp insurer for bad faith
Published: August 7, 2012
Tags: bad faith, workers' compensation
An employee could not sue his employer’s workers’ compensation insurer for pain and suffering allegedly caused by wrongful delays in the payment of his medical bills, the New Jersey Supreme Court has ruled in affirming judgment.
Benchmarks: Waiter who choked on quesadilla denied comp
Published: July 25, 2012
Tags: actual risk doctrine, workers' compensation
It’s hard to imagine how a flour tortilla stuffed with melted cheese and refried beans could possibly be a hazard of one’s job.
But one TGI Friday’s waiter indeed accomplished the unimaginable, turning his sampling of a quesadilla into a workers’ compensation claim.
