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September 2007
Supreme Court Upholds Employer’s Right of Subrogation - An Employer’s Lien Not Waved by Settlement Contract TermsGallagher v. Jaroslaw, et al
August 2007
Employee’s Release of Negligent Driver Did Not Prevent Employer’s Workers’ Compensation Carrier from Making Subrogation RecoveryChubb Group Insurance Cos. v. Carrizalez
July 2007
Loaning and Borrowing Employers Both Immunized From a Common Law Liability Claim Because of Exclusivity Provisions of Section 5Behrens v. California Cartage Company, Inc. and Staffing Resources, Inc.
Loaning Employer Denied Reimbursement from Borrowing Employer Because of an “Agreement to the Contrary”
Surestaff, Inc. v. Azteca Foods, Inc
Surestaff, Inc. v. Azteca Foods, Inc
Recent Court Decision Denied a Number of Disputed Claims Concerning Additional Maintenance or Temporary Total Disability Benefits
Consolidated Freightways v. Workers’ Compensation Commission and Mota v. Griffin Wheel Co.
Consolidated Freightways v. Workers’ Compensation Commission and Mota v. Griffin Wheel Co.
Workers’ Compensation Subrogation Denied Because of Terms of Settlement Contract
Burgess v. Tashonda Brooks
Burgess v. Tashonda Brooks
May 2007
Injured Corporate Officer Denies Signing Rejection of Benefits Form - Case Referred Back to Trial Court to Determine Validity of SignatureVirginia Surety Company v. Bill’s Builders, et al
April 2007
All Overtime Earnings Excluded from Average Weekly Wage as Overtime Was Not MandatoryAirborne Express, Inc. v. Industrial Commission
Appellate Court Reverses Trial Court’s Dismissal of Complaint Based on Shooting of One Employee by Another
Martinez v. Gutmann Leather
Martinez v. Gutmann Leather
Claimant Cannot Obtain “Odd Lot” Permanent Total Disability Award Without Supporting Evidence from a Rehabilitation of Vocational Counselor
Westin Hotel v. Industrial Commission
Westin Hotel v. Industrial Commission
In a Wage Differential Claim, the Court Found that Wages of Claimant’s Replacement Were Too Speculative
Taylor v. Industrial Commission
Taylor v. Industrial Commission
Marine Shipping Warehouse Manager Elects Workers’ Compensation Instead of Longshoremen’s Benefits - Permanent Disability Award Affirmed
Federal Marine Terminals v. Industrial Commission
Federal Marine Terminals v. Industrial Commission
Payments of Workers’ Compensation Benefits by Defendent Did Not Prevent Plaintiff from Pursuing Civil Action
Townsend v. James Fassbinder, et al
Townsend v. James Fassbinder, et al
Trucking Company’s Attempt to Establish Claimant as Independent Contractor Fails - Claimant Held to Be an Employee
Roberson v. Industrial Commission
Roberson v. Industrial Commission
March 2007
Questions of Accident and Notice Resolved in Favor of Petitioner - However, Court Holds a Glimmer of Hope When Commission Reverses Arbitrator When Witness Credibility is the IssueS & H Floor Covering v. Workers’ Compensation Commission
February 2007
Employer’s Subrogation Claim Not Waived Even Though Settlement Contract Terms Failed to Address Issue of Subrogation Under Section 5(b) of the ActHarder v. Timothy Kelly, et al
Wage Loss Claim Approved Based on Estimated Compensation Obtained by Investigator
First Assist, Inc. v. Industrial Commission
First Assist, Inc. v. Industrial Commission
Workers’ Compensation Claim Leads to Civil Action Based on Intrusion Upon Seclusion
James Burns, Jr. v. Masterbrand Cabinets, et al
James Burns, Jr. v. Masterbrand Cabinets, et al
January 2007
Injury Resulting From a Violation of a Saftey Rule: Held CompensableJ.S. Masonry, Inc. v. Industrial Commission
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