California Archives - Workers' Compensation Defense

Bunk Dicta is Bunk Dicta: New Jersey Appellate Division Rejects Residency as a Sufficient Condition for Jurisdiction

When can an employee who was injured in another state pursue a workers’ compensation claim in New Jersey? On July 22, 2019, the New Jersey Appellate Division approved for publication a decision dealing with exactly that question. In Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, 2019), the petitioner alleged he sustained work injuries in Pennsylvania. Testimony showed that United initially hired the petitioner in San Francisco. At the time of the accidents, the petitioner lived in New Jersey but worked at the …

September 16, 2019 California / Legislation

The Perils of Paragraph Three – Mind Your Step

When a case is resolved by way of a Compromise & Release (C&R), parties often believe that all pertinent issues (including claims of injury and body parts) have been disposed of in the settlement. This is because settlements will carefully delineate all of the body parts and claims that are being resolved in the written agreement. What do we make of the applicant who decides to file a subsequent claim alleging an injury that was presumably resolved in the prior settlement? An important lesson can …

January 21, 2019 California

Don’t Strike Out! Coverage Needed for Traveling Professional Athletes

Consider the following scenario: an applicant filed a claim against the Arizona Diamondbacks for a date of injury of April 1, 2000 through June 1, 2010. The claim was filed August of 2018. He traveled to the state of California to play the Dodgers on six occasions throughout his entire professional baseball career. We first consider how we can combat these types of claims in the state of California.

As of October 8, 2013, AB 1309 was approved by the governor of California. Labor Code …