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...
Where a gas station employee was struck and injured by a vehicle in a hit-and-run incident at his workplace and subsequently received more than $25,000 in workers’ compensation benefits, the employee’s auto insurance carrier was entitled, as a matter of law, to offset the full amount of benefits received by the policy-holder against its $25,000 obligation to pay uninsured motorist coverage, held an Illinois appellate court in a decision not designated for publication. The court looked to the auto policy provisions, which were abundantly clear and unambiguous. The policy provided that payments under the UM/UIM provision were to be reduced by sums paid because of the bodily injury or property damage under, inter alia, “workers’ compensation law.” That the employee had not and could not recover for pain and suffering in the workers’ compensation proceeding was not relevant, added the court.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See State ex rel. First Acceptance Ins. Co. v. Stephens, 2021 IL App (3d) 200490-U, 2021 Ill. App. Unpub. LEXIS 1778 (Oct. 14, 2021)
See generally Larson’s Workers’ Compensation Law, § 110.05.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
Sign up for the free LexisNexis Workers’ Compensation enewsletter at www.lexisnexis.com/wcnews.