News

Benefits and Compensation

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Employment Practices

[10/08] Volvo Cars to slash more than 3,000 jobs
[10/07] Feds: 300 suspected illegals held after SC raid
[10/03] Employers cut 159,000 jobs, most in over 5 years
[10/03] UBS to cut 2,000 jobs at its investment bank
[10/02] Outsourcing aids many data thefts, Verizon says

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Case Summaries

Workers' Comp

[10/09] Lane v. Celadon Trucking, Inc.
In a case involving application of Indiana's lien reduction statute to defendant's worker's compensation subrogation lien on proceeds from a third-party settlement reached by plaintiff-former employee, decision to apply Indiana state law rather than Arkansas' made-whole doctrine is affirmed in part, reversed in part, and remanded where: 1) court did not believe the Arkansas Supreme Court would automatically apply the law of the state where the worker's compensation benefits were paid; 2) if faced with a choice-of-law question involving a dispute over worker's compensation subrogation rights, court predicted Arkansas Supreme Court would follow the district court's judgment in Simpson v. Liberty Mut. Ins. Co. in which defendant-worker's compensation carrier for employer was entitled to the proceeds in dispute; and 3) the lien reduction statute did not apply to defendant's lien and the district court erred in applying it.

[09/30] Amerada Hess Corp. v. Dir., Office of Workers' Comp. Programs, US Dep't of Labor
In a dispute over disability benefits for an employee, an ALJ's award of medical expenses for employee's heart condition, finding that claimant-employee was totally and permanently disabled, and award of attorney's fees are vacated in part and denied in part where: 1) the Longshore and Harbor Workers' Compensation Act did not support a presumption that any medical condition that an injured claimant suffers after a work-related injury is caused by the work-related injury; 2) remand was therefore necessary to determine whether claimant's heart condition "naturally or unavoidably" resulted from the medication he received for his on-the-job back injury, and whether claimant was in fact totally and permanently disabled; and 3) employer waived the issue of attorney's fees by failing to appeal it to the Benefits Review Board.

[09/25] Sanders v. City of Orlando
In a workers' compensation case, reversal of vacatur of a prior settlement agreement by a Judge of Compensation Claims (JCC) is quashed where a 2001 statutory change did not strip JCCs of jurisdiction to set aside workers' compensation agreements.

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