Monthly Archives: March 2012

Indiana: After Approval of Settlement Agreement By Board, Estate of Deceased Worker May Not Proceed Against “Employer” in Tort On Basis of Claimed Status as Independent Contractor

Because settlement agreements ordinarily cover only those claims or rights that are specifically mentioned within the four corners of the agreement itself [see Larson’s Workers’ Compensation Law, § 132.05], attention to detail is not just important; it’s vital to effective … Continue reading

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Employer Gets Lesson in Law of Negotiable Instruments–It Remains Liable When Claimant’s Settlement Check is Misdelivered and Forged

An employer, who mailed a $17,000 settlement check to the address erroneously designated by the claimant in a Compromise & Release Agreement (C&R) settling claimant’s workers’ compensation case, is still responsible for paying the agreed $17,000 to claimant where claimant … Continue reading

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Tennessee: Employee Denied Benefits for Unexplained Fall to Level Floor

In a recent case from Tennessee, Byrom v. Randstad N. Am., L.P., 2012 Tenn. LEXIS 152 (Mar. 8, 2012), a special appeals panel of the state supreme court affirmed a trial court’s dismissal of an employee’s action seeking workers’ compensation … Continue reading

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Wyoming: High Court Finds Injured HVAC Worker Established “Odd Lot” Status”

Under the “odd-lot” doctrine, accepted in the vast majority of jurisdictions, total disability may be found in the case of workers who, while not altogether incapacitated for work, are so handicapped that they will not be employed regularly in any … Continue reading

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