Tag: waiver

Jul 29, 2020

Waiver in Labor Broker’s Employment Contract Saves Client from Suit by Injured Security Guard

A Florida appellate court recently affirmed a trial court’s decision granting summary judgment to a defendant company in a negligence action filed against it by a security guard who was...

Waiver in Labor Broker’s Employment Contract Saves Client from Suit by Injured Security Guard Waiver in Labor Broker’s Employment Contract Saves Client from Suit by Injured Security Guard
Jun 14, 2018

California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context

A California appellate court found a state trial court committed error when it granted summary judgment to an employer in an employment discrimination case filed by a former employee based...

California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context California: Use of Preprinted C & R Form Does Not Waive Claims Outside Workers’ Comp Context
Jun 13, 2018

Texas Insurer Barred from Going After Third-Party Settlement Proceeds

Where a worker’s compensation insurance policy contained a clause in which the carrier waived its right to recover from any third party sued by the injured employee, that clause also...

Texas Insurer Barred from Going After Third-Party Settlement Proceeds Texas Insurer Barred from Going After Third-Party Settlement Proceeds
Dec 12, 2017

NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims

Yesterday, in an eagerly awaited decision, Vitale v. Schering-Plough Corp., Case No. A-20-16 (Dec. 11, 2017), the Supreme Court of New Jersey held that a disclaimer in an employment agreement...

NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims NJ High Court Strikes Down Employment Contract Clauses Waiving Third-Party Claims
Apr 22, 2014

Mississippi Executive’s Survivors Awarded Death Benefits in Spite of His Decision Not to Secure Required Coverage for Firm

The affirmative decision by the managing partner and president of a CPA firm not to secure workers’ compensation coverage for the firm, in spite of the fact that the firm...

Mississippi Executive’s Survivors Awarded Death Benefits in Spite of His Decision Not to Secure Required Coverage for Firm Mississippi Executive’s Survivors Awarded Death Benefits in Spite of His Decision Not to Secure Required Coverage for Firm
Sep 27, 2013

CT: Commissioner’s Decision That Waiver of Comp Benefits Was Not Supported by Consideration Upheld by State Supreme Court

In a decision officially to be released on Tuesday (October 1), the Supreme Court of Connecticut has affirmed a decision of the state’s Workers’ Compensation Review Board that in turn...

CT: Commissioner’s Decision That Waiver of Comp Benefits Was Not Supported by Consideration Upheld by State Supreme Court CT: Commissioner’s Decision That Waiver of Comp Benefits Was Not Supported by Consideration Upheld by State Supreme Court
Dec 5, 2012

Georgia: Claimant Required to Consent to Ex Parte Communications Between Treating Physician and Employer or Employer’s Representative

Reversing the state’s Court of Appeals, the Supreme Court of Georgia has ruled that an employee who filed a claim under the state’s Workers’ Compensation Act, must authorize her treating...

Georgia: Claimant Required to Consent to Ex Parte Communications Between Treating Physician and Employer or Employer’s Representative Georgia: Claimant Required to Consent to Ex Parte Communications Between Treating Physician and Employer or Employer’s Representative
Mar 28, 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...

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 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