Position paper presented at CSIMS 2024 by Hon. Robert G. Rassp, Chairman of the Board of Directors, Friends Research Institute (friendsresearch.org) Disclaimers: The opinions expressed in this article...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 8 August 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. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The June 13, 2024 edition of the LexisNexis Workers’ Compensation...
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2024. The first...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board It is well understood that the California Insurance Guarantee Association...
Plaintiff’s civil action against a workers’ compensation insurance insurer alleging that it failed to timely provide reasonable and necessary medical treatment, as ordered by the Workers’ Compensation Court, was appropriately dismissed by an Oklahoma trial court under the exclusive remedy provisions of the state’s Workers’ Compensation Act, held the Supreme Court of Oklahoma. The Court observed that plaintiff's civil action alleging breach of the insurance contract also included a request for damages resulting from the death of the workers' compensation claimant. The civil action was also based upon alleged delay by the insurer in providing medical care as previously awarded by the Worker's Compensation Court. As such, the civil action against the insurer was precluded by an exclusive remedy provided by the Act.
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 Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12, 2018 Okla. LEXIS 13 (Feb. 6, 2018)
See generally Larson’s Workers’ Compensation Law, § 114.02.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law