Ordinarily, where a New York employer executes an indemnification agreement after its employee sustains a work-related injury, a third party sued in tort by the injured employee may not raise the existence of the indemnification agreement to shield it from a damage...
Following the minority rule utilized in Delaware, a state court held an employer was immune from a third-party indemnity claim filed against it by a landlord that had been sued by an injured worker in spite of the fact that the lease in question contained a strong...
Acknowledging that an employer may be liable to third parties for indemnification or contribution where the employer’s employee suffers a “grave injury,” as defined by N.Y. Workers Comp. Law § 11, a New York appellate court nevertheless reversed a trial court’s...
Summary judgment in favor of the subcontractor was proper, because Haw. Rev. Stat. § 386-8 provided the exclusive remedy for an employer to recover workers' compensation benefits from a third-party tortfeasor, and the general contractor did not avail itself...
In New York, absent an express agreement to the contrary, a defendant sued in tort by an injured employee may seek contribution or indemnification from the employer only if the employee suffered a "grave injury, as that term is defined in N.Y. Workers’ Comp...
Oakland - New CWCI research that tracks average California workers’ comp medical loss, indemnity benefit and medical cost containment (MCC) payments on accident year (AY) 2005 - 2014 lost-time claims valued at the end of June 2015 shows mixed results, with...
The average amounts paid for medical expenses and indemnity benefits on California workers’ comp lost-time claims climbed sharply after accident year (AY) 2005 – the first year after the 2004 reforms – but a new CWCI study shows average medical...
In New York, a defendant sued in tort by an injured worker may seek contribution and/or indemnification from the employer if, among other things, the worker sustained a “grave injury” as defined by N.Y. Work. Comp. Law § 11. A state appellate court held that a...
Payments for pharmaceuticals and durable medical equipment (DME) in California workers’ compensation continue to increase sharply, adding pressure against the recent reforms to the system according to a new CWCI study that examines medical and indemnity payment...
New York’s workers’ compensation law prohibits a defendant from pursuing an indemnity or contribution action against the employer unless (a) the plaintiff/injured worker sustained a “grave injury” or there is a written indemnity agreement [N.Y. Work. Comp. Law...