‘California must end war on businesses’

“We’ve had the war on women. And the war on immigrants. Is the war on business, next? That’s a fair question raised by many, including Ventura employer General Magnaplate Corp., which is closing after settling with the Environmental Defense Center over charges it polluted the Santa Clara River. In a statement, the company said it […]

Salinas man sentenced in workers’ comp fraud

In Salinas, California, a judge sentenced Juan P. Gutierrez of Salinas last week on two counts of making a material misrepresentation in order to obtain a lower workers’ compensation insurance and one count of willfully failing to file payroll tax returns with intent to evade tax, the Monterey County District Attorney’s Office said. An investigation […]

New York’s highest court enforces arbitration provision in California workers’ compensation insurance agreement, rejecting McCarran-Ferguson ‘reverse preemption’

A recent ruling by the New York State Court of Appeals underscores the Federal Arbitration Act’s(“FAA”) strong policy favoring enforcement of arbitration agreements—even in the insurance industry and despite federal policy generally favoring state regulation of the business of insurance. National Law Review

Lowering the cost of workers’ compensation for auto dealers

The cost of workers’ compensation for auto dealers rises as the number of claims increases. Physical injuries are, of course, a major concern, but equally dangerous are the many chemicals used in car dealerships that may cause conditions, ranging from minor skin irritation, to serious injury and disease. An employer is required to inform anyone […]

Pennsylvania: C&R agreements may waive subsequent employment law claims

As is often the case in the practice of law, the simplest of details can have the hugest impact on the outcome. Take for example, a recent case from the Eastern District of Pennsylvania: What was believed to be a rather benign settlement and release of a workers’ compensation claim turned out to be a […]

WCRI CompScope reports examine cost drivers and impact of reform in …

The factors behind changing costs in state workers’ compensation systems, including the impact of legislative and regulatory reform on those costs, are examined in a new 18-state study by the Workers Compensation Research Institute. These comprehensive reference reports measure the performance of different state workers’ compensation systems, how they compare with each other, and how […]