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...
COMPLEX EMPLOYMENT ISSUES FOR CALIFORNIA WORKERS' COMPENSATION A new softbound supplement to Rassp & Herlick, California Workers’ Compensation Law 284 pages PIN #0006801214509 For...
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...
Where a Native American tribe operated a casino and secured workers’ compensation insurance from an insurer to cover workers’ compensation benefits that might be payable for work-related injuries to casino employees, that insurer and its third-party administrator could not hide behind the tribe’s purported sovereign immunity. The injured worker was a third-party beneficiary to the workers' compensation insurance policy. The court observed that both the casino and the insurer intended that casino employees benefit from the rights and protections created under the policy in the event that they were injured on the job. Additionally, the filing of a certificate of workers' compensation insurance with the WCA rendered the insurer to being held directly and primarily liable to pay workers' compensation benefits. Citing Waltrip v. Osage Million Dollar Elm Casino, 2012 OK 65, 290 P.3d 741, as persuasive, the court concluded that even if the casino enjoyed tribal sovereign immunity in this case, the injured worker could pursue her claim for work injury benefits against the insurer.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Mendoza v. Isleta Resort & Casino, 2018 N.M. App. LEXIS 23 (Apr. 9, 2018)
See generally Larson’s Workers’ Compensation Law, § 150.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law