A special provision in the Missouri Act that provides for an additional amount of compensation equal to 300 percent of the state’s average weekly wage for 200 weeks if the employer has elected to accept liability for mesothelioma did not apply to the claim...
Affirming a judgment entered on a $14 million verdict in a mesothelioma case against a former textile manufacturer, the South Carolina Court of Appeals held that the deceased maintenance worker was not the statutory employee of the defendant’s predecessor...
The New York Workers’ Compensation Board appropriately refused to apportion liability for claimant’s asbestos-related disease despite some evidence that the claimant had exposure to asbestos at multiple employers over a long period of time. The appellate court...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 2016 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 ©...
The exclusive remedy provisions of the Illinois Workers’ Compensation Act and the Illinois Workers’ Occupational Diseases Act (collectively “the Acts”) bar an employee’s cause of action (and that of his or her estate) against an employer...
Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe home, where...
In a case that issued last week, the 2nd Appellate District declined to open a new avenue to avoid the exclusive remedy of workers’ compensation in Melendrez v. Ameron International Corporation , not only upholding the lower court’s grant of summary...
Here’s the third batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved...
A Pennsylvania appellate court agreed that a Workers’ Compensation Judge appropriately dismissed a claimant’s Review, Modification and Reinstatement Petitions and agreed that claimant could not recover workers’ compensation benefits because he failed to disclose...
Construing a statutory provision that describes how an injured employee’s average weekly wage should be computed, a North Carolina appellate has affirmed a determination by the state’s Industrial Commission that based an award of death benefits on the wages the...
Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly, a widow’s...
A federal court dismissed a complaint filed against Weyerhaeuser Co. arising out of plaintiff's exposure to asbestos and a related disease, malignant mesothelioma, while employed at a Weyerhaeuser facility that used asbestos products in the manufacture of fireproof...
CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 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...
Missouri has radically changed the comp rules for workers with mesothelioma with a new category of “occupational disease due to toxic exposure.” What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos exposure...
CALIFORNIA COMPENSATION CASES Vol. 78 No. 6 June 2013 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...