In addition to the statutory attorney fees, section 5(b) also requires the employer to pay its pro rata share of all costs and reasonable expenses in connection with the third-party claim. The amount of the pro ratashare of costs and expenses in addition to attorney’s fees may make it unattractive for the employer to pursue its rights under section 5(b). There are varying formulas to calculate the employer’s share of the expenses, but generally expenses are calculated by dividing the workers’ compensation lien by the third-party recovery and multiplying by the expenses to come up with the employer’s share. In cases where an employee will receive future workers’ compensation benefits after completing the third party action, the courts have not come up with a clear formula for calculating reimbursement, but have suggested suspending future benefits or escrow of third party recovery. If there are any future expenses to take into account, the … [Read more...] about Workers’ Compensation Claims and Subrogation
Esis workers compensation
Therefore, to prevail, a plaintiff is required to prove that the alleged retaliation was based upon his or her collection of compensation or benefits that are provided to employees under Kentucky’s Workers’ Compensation Act. The assignment of an employee to a light duty position after a work-related injury is not a benefit provided under Kentucky’s Workers’ Compensation Act. KRS 342.001 defines “compensation” under the act as “all payments made under the provisions of this chapter representing the sum of income benefits and medical and related benefits.” KRS 342.001(14). Income benefits under Kentucky’s Workers’ Compensation Act are defined as “payments made under the provisions of this chapter to the disabled worker or his dependents in case of death, excluding medical and related benefits.” KRS 342.001(12). Medical benefits are defined as “payments made for medical, hospital, burial, and other services as … [Read more...] about Blurring the Lines Between Workers’ Compensation Retaliation and Disability Discrimination in Kentucky
In San Francisco BART Dist. v. General Reinsurance Corp., a self-insured public entity disputed a workers’ compensation claim by an employee. No. 14-cv-01866-JSC, 2015 U.S. Dist. Lexis 82242 (N.D. Calif. Jun. 24, 2015). The claim, which the employer originally denied, was resolved before the workers’ compensation appeals board. Part of the dispute involved the date of injury (the employee contracted a form of cancer). The parties settled and the board, in approving the settlement stated that there was new medical information that allowed the parties to stipulate to a date of injury for cumulative trauma that just happened to fall within the excess policy period. … [Read more...] about Is an Excess Insurer Bound By Decision of Workers’ Compensation Appeals Board?
The appellate court reversed the Commission's decision and determined the injury resulted from a neutral risk of daily living - turning in a chair. Injuries resulting from a neutral risk generally do not "arise out of" employment unless the claimant was exposed to the risk to a greater degree than the general public. The court found that the claimant turning in his chair was an activity of daily living, but concluded that the claimant's job required him to move and turn in his chair continually. Thus, due to his work, he confronted a neutral risk of daily living to a greater degree than the general public. Notably, the court disagreed with the special concurrence, which argued that a finding that claimant was injured while performing an activity instructed by his employer, or an activity which might reasonably be expected to be performed, was sufficient to find the injury arose out of the employment. The majority held that benefits should not be awarded for injuries caused by everyday … [Read more...] about Significant Decisions: Illinois Workers’ Compensation Commission
In many ways, the workers’ compensation claims in this area over the past several decades have been at the forefront of intriguing legal issues in the world of work injuries. As workforces have become increasingly mobile, workers’ compensation systems have struggled with the manner in which transient employees should be covered. Professional football has provided an excellent incubator for fact patterns in which an employee is hired and trained in one jurisdiction and subsequently injured in another jurisdiction while working. Both the Chicago Bears and the New Orleans Saints have been the subject of prominent workers’ compensation claims where contract provisions addressing where employees may file claims regardless of the location of the injury have been the big issue. These cases have triggered intense struggles over the application of extra-territorial coverage of employees from Illinois and Louisiana. … [Read more...] about Workers’ Compensation on the Gridiron