Issue Commentary: NC Decision Shows Difficult Balancing Required for Lump-Sum Requests

NY Court: Somewhat Inconsistent Statements Related to Third-Party Action Was not § 114-a Violation

Bankruptcy Court Nixes WI Claimant’s Effort to Avoid Paying Med Providers

Where a Wisconsin worker settled a contested workers’ compensation claim with his employer and its insurer by means of a compromise settlement agreement that called for the payment of $120,000 to the claimant, $30,000....

Louisiana Plaintiff’s Civil Action Against Company Barred by Workers’ Comp Settlement

A Louisiana appellate court held a plaintiff could not maintain a tort action against a defendant where the plaintiff and the defendant had settled a workers’ compensation action that involved...

Federal Court: Settlement Agreement Created Express Trust Favoring Injured Worker’s Medical Providers

A federal district court, sitting in Wisconsin, has affirmed a decision by a U.S. Bankruptcy Judge that found $400,000 paid into the trust account of an injured worker’s attorney, and...

NY Worker Barred From Future Benefits Even After Paying Comp Insurer $63K From Settlement Proceeds

Despite the fact that a workers’ compensation insurer was aware of an injured worker’s third-party action against the driver of a motor vehicle, and even received and accepted more than...

SC Commission is Immune From Suit After Apparent Stumbling With Attorney’s Fee Lien

A South Carolina appellate court affirmed a decision by a state trial court that dismissed the civil action filed against the S.C. Workers’ Compensation Commission by a law firm who...

MS Court Affirms Denial of Quadriplegic’s Settlement Agreement

A Mississippi appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied—without a hearing—an injured worker’s petition to settle and close out the medical portion of his...

Ohio Staff Hearing Officer is to Utilize Equitable Principles in Reviewing VSSR Settlement Agreements

Where Ohio Adm.Code 4121-3-20(F)(1) provides that a staff hearing officer (“SHO”) is to determine whether an agreed settlement of a violation of a specific safety regulation (VSSR) application is “appropriate...

Broad Release in VSSR Settlement Agreement Sinks Subsequent Action for Spoliation of Evidence

An Ohio appellate court recently affirmed a decision of a state trial court that granted summary judgment in favor of an employer in a civil action filed against it by...

Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges

The Supreme Court of Minnesota recently held that a health care provider who voluntarily declined to intervene in a pending workers’ compensation proceeding after receiving timely and adequate notice of...

Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice Settlement

Where an employer paid for medical services exclusively to treat the compensable injury, but not to treat any additional harm from medical negligence, the employer had no subrogation interest in...