By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Just when you thought the right of “due process” was on the brink of destruction, the legislature...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Over the past several decades California has implemented broad legislative...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 9 September 2024 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board One of the most common reasons evaluating physicians flunk the apportionment validity test is due to their...
The Fifth Circuit Court of Appeals held the issue of whether a workers’ compensation insurance carrier was entitled to subrogation following a settlement between a third party and the insurance beneficiary employee arose under the Texas Workers’ Compensation Act and, therefore, the matter was not removable to federal court pursuant to 28 U.S.C.S. § 1445(c). The court also held the employee’s bad faith claim arose as well under the state’s workers’ compensation law; the Texas Act expressly addressed the duty of good faith and fair dealing and specified the remedy for breach of that duty in Tex. Labor Code Ann. § 416.002.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Trahan v. Liberty Mutual Ins. Co., 2014 U.S. App. LEXIS 10775 (5th Cir., June 10, 2014) [2014 U.S. App. LEXIS 10775 (5th Cir., June 10, 2014)]
See generally Larson’s Workers’ Compensation Law, § 118.01 [118.01]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
For more information about LexisNexis products and solutions connect with us through our corporate site