A New York appellate court recently held a plaintiff was bound by his attorney’s open-court stipulation with defendants that the case had been settled for $325,000. Plaintiff could not later declare the settlement “null and void” because there...
Where plaintiff, a semi-truck driver for a Pennsylvania corporation, sustained injuries in a vehicular accident in Grundy County, Illinois and eventually settled his Pennsylvania workers’ compensation claim by means of a settlement agreement in which he indicated...
Where a claimant filed multiple claims, was represented by an attorney, and later entered into a settlement agreement that provided, inter alia , (a) that the employer would not be responsible for medical costs associated with a claimed right shoulder injury, and...
Where a former employee, represented by counsel, sought workers’ compensation benefits and later settled his claim for $3,800, executing a settlement agreement and general release, it was inconsistent for him later to argue that the release should be disregarded...
Where an injured worker filed a claim for benefits with the Office of Workers’ Compensation Programs for total/permanent disability benefits under the Longshore and Harbor Workers Compensation Act (LHWCA) and, without notice to the employer, settled a third...
In Arizona, as in virtually all other jurisdictions, an insurance carrier providing workers’ compensation benefits to an injured worker enjoys a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently injured...
Language contained in a preprinted Compromise & Release form, which purported to release the employer from liability for ”any and all potential claims” did not constitute a waiver by a former employee when he subsequently filed suit against his former employer...
Where an injured worker and his employer/carrier entered into settlement agreement, subsequently approved by a WCJ, calling for payment of $148,574.00 ($8,574.00 of which was to be placed in a Medicare Set-Aside Account) to the worker, and the worker subsequently...
The burden of proof for showing a change in condition is on the party asserting the change. Accordingly, where it was undisputed that an employee sustained injuries in a work-related accident, but both the extent of her disability and the issue of resulting psychological...
CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 2017 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright...
Where a hearing officer approved a workers’ compensation settlement agreement that contained broad release language and had required the claimant to sign a separate letter acknowledging the breadth of the release of future rights to seek additional benefits, the...
An arbitration clause in a two-page employment contract that provided for the resolution of disputes by "following the biblical pattern of Matthew 18:15-17," and which also stated that any unresolved disputes would be submitted to "Christian mediation...
Where an injured employee and the employer (and carrier) executed a settlement agreement, forwarding it on to the state’s Workers’ Compensation Commission for approval and the employee died from unrelated causes two days before the agreement was formally approved...
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2016. The list features a number of decisions addressing medical-legal issues...
In Ramirez Farias v. Able Building Maintenance , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, found that the applicant, who suffered an industrial injury to her neck, back, right wrist, and right shoulder from 2/28/2005 through 1/22/2014...