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Tag: “workers’ compensation”

Law Professor’s Article Describes Circumstances, Legal Landscape For Parents and Others, in Pointing Out that Lead Poisoning Victims Are Especially ‘Exploitable’

Law Professor’s Article Describes Circumstances, Legal Landscape For Parents and Others, in Pointing Out that Lead Poisoning Victims Are Especially ‘Exploitable’

Law school professor Karen Syma Czapanskiy’s recent law review article advocates a ban on transfers of structured settlement payment rights when the payee is a lead poisoning victim. She also makes a number of other thought-provoking comments in her article is entitled “Structured Settlement Sales and Lead-Poisoned Sellers: Just Say No”, appearing in the Virginia Environmental Law Journal (36 Va. Envtl. L. J. 1). Professor Czapanskiy, a professor at the University of Maryland School of Law, wrote about the prevalence…

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Pennsylvania Court Determines That Federal Workers’ Compensation Statute Prohibits Assignment of Structured Settlement Payments

Pennsylvania Court Determines That Federal Workers’ Compensation Statute Prohibits Assignment of Structured Settlement Payments

Do workers’ compensation laws prohibit secondary market transactions involving structured settlement payments?  Where the structured settlement resolved a workers’ compensation matter, the general rule is that such transactions would contravene the prohibition against assignment of compensation that appear in the vast majority of state workers’ compensation laws. Factoring companies sometimes argue that there are exceptions to the general rule that allow such transactions in certain circumstances or under the laws of particular jurisdictions. A Pensylvania court just rejected that line of reasoning, in…

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California Appeals Court: Prohibition Against Assignment Applies to Structured Settlements of Workers’ Compensation Matters

California Appeals Court: Prohibition Against Assignment Applies to Structured Settlements of Workers’ Compensation Matters

A California court of appeals panel last week held that the state’s workers’ compensation law prohibited assignment of payments that are due to be paid under the structured settlement of a workers’ compensation matter. In Matthews v. Liberty Assignment Corp., the Court of Appeals of California, Fifth Appellate District, upheld a trial court decision that a factoring company’s request, under a structured settlement protection act, for judicial approval of a transfer of structured settlement payments was barred by statute – namely, the…

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