By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Practitioners beware! Death benefit trials often raise intricate and unique evidentiary conundrums. Obtaining...
Oakland, CA – California’s State Average Weekly Wage (SAWW) rose nearly 3.8 percent in the year ending March 31, 2024, which will result in an increase in California workers’ compensation...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 10 October 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 Hon. Robert G. Rassp, Presiding Judge, WCAB Los Angeles, California Division of Workers’ Compensation Disclaimer: The material and any opinions contained in this article are solely those of...
Oakland, CA – Migraine Drugs represented less than 1% of all prescriptions dispensed to California injured workers in 2023 but they consumed 4.7% of workers’ compensation drug payments, a nearly...
A common law cause of action for bad-faith failure to pay workers’ compensation benefits may not be pursued against a third-party administrator of a workers’ compensation insurer, held the Supreme Court of Iowa, in a divided (5-2) decision. Answering a question certified to it by a U.S. District Court, the Court noted that such an action could be maintained against the insurer and against a self-insured employer, but in as much as TPAs had no statutorily-mandated duties, they were beyond suits brought by the injured employee. The Court acknowledged that TPAs had been found subject to suit in other states (e.g., Colorado), but said the statutory and administrative framework in Iowa was sufficiently different as to make those other court decisions distinguishable.
Thomas A. Robinson, J.D., the 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 De Dios v. Indemnity Ins. Co. of N. Am. & Broadspire Servs., 2019 Iowa Sup. LEXIS 56 (May 10, 2019)
See generally Larson’s Workers’ Compensation Law, § 114.02
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see