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Workers' Compensation Claim Bodily Injury

Marshall Dennehey

Appellate Division Affirmed Dismissal of Worker’s Compensation Claim for Lack of Compensability

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Avery v. Next Mile, LLC/DSP, No. A-2506-22 (May 23, 2024) - In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment. The petitioner worked as a delivery...more

Marshall Dennehey

Commonwealth Court Holds That Claimant Who Was Sole Proprietor is Required to Provide Notice of Work-related Injury to Workers’...

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Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer - In this case, the claimant was the owner of the employer and the sole employee. He...more

Goldberg Segalla

Fraud Doesn't Pay in New York – August 2024 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce our latest installment of our continued success in fraud litigation. This report was originally conceptualized three years ago as a one-time...more

Stark & Stark

Navigating Workers' Compensation for Repetitive Stress Injuries

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The term ‘repetitive stress injury’ covers a wide variety of conditions. A Repetitive stress or strain injury happens when too much stress is placed on a given body part and can result in pain, swelling, muscle strains, and...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Marshall Dennehey

Delaware Superior Court Affirms an Industrial Accident Board Decision That a Claimant Injured While Performing an Employer-Related...

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Testa-Carr v. Sallie Mae, N23A-04-004 CEB (Del. Super. Feb. 8, 2024) - Ms. Testa-Carr worked as a customer service representative for Sallie Mae. On March 21, 2022, she was fell down some stairs and was injured while...more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

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Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina.  She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more

Miles Mediation & Arbitration

Four Principles for More Effective Mediations: What Your Mediator Hopes Litigators Understand  

Relatively new to mediation? Or have you mediated a dozen cases — or more — already as an attorney? As a full-time mediator and arbitrator who is immersed in legal dispute resolution every day, I have found there are aspects...more

Chartwell Law

The Chartwell Chronicles: Understanding the Medicals

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In Episode 26 of The Chartwell Chronicles, host Brittany Atkinson is joined by special guest Mark Spivak from our Moorestown, NJ office to discuss the importance of the medicals in New Jersey workers' compensation. Brittany...more

Rivkin Radler LLP

Insurance Update - January 24, 2023

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It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023. The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions –...more

Goldberg Segalla

New Traumatic Brain Injury Guidelines from NY Workers’ Compensation Board Are Effective May 2

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Key Takeaways - The NY Workers’ Compensation Board has announced that the new medical treatment guidelines—including new guidelines covering Traumatic Brain Injury (TBI)—become effective on May 2, 2022. The guidelines...more

Dentons

A New Trend in Workers’ Compensation Shoulder Cases

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After the 2017 Amendments to Iowa Code Chapter 85 provided that shoulder injuries were to be compensated functionally as scheduled member injuries, instead of industrially as whole body injuries, claimants have been looking...more

Adler Pollock & Sheehan P.C.

Workers’ Compensation Act And Contractual Indemnification – A Conflict Between Employer Rights And Responsibilities? Not In...

Massachusetts Workers’ Compensation Act, G.L. 152 §§ 1-86 offers employers certain protections from qualified employee-prosecuted work-related negligence actions at common law. It does not protect employers from honoring...more

Tucker Arensberg, P.C.

A Missed Opportunity for Immunity

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The new pandemic aid legislation was eight months in the making, includes 5,600 pages, and $2.3 trillion in aid and spending. With national unemployment at a record high, and moratoriums on evictions, and utility shutoff...more

Chartwell Law

Employers Take Heed: Unreasonable Contest Counsel Fees Awarded For Untimely Filing of a Medical-Only Notice of Compensation...

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In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania held that unreasonable contest counsel fees can be awarded for failure to issue a Notice of Compensation Payable acknowledging a...more

Bricker Graydon LLP

What you need to know about the new workers’ compensation law changes in H.B 81

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House Bill 81 goes into effect on September 15, 2020, and it includes major changes to Ohio’s workers’ compensation laws. Below are a few of the more significant changes employers need to know...more

Laughlin, Falbo, Levy & Moresi LLP

Working From Home: Firing Up Litigation?

In the last several years, there has been an increase in the number of employers who offer a remote work environment (i.e., work from home). In fact, the numbers of employees working from home have increased by 140% since...more

Littler

Virginia Begins Enforcement of New Workers’ Compensation Law on July 1, 2020

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Beginning July 1, 2020, the Virginia Workers’ Compensation Commission will begin enforcing a new law that will affect how Virginia employers and their workers’ compensation insurance carriers respond to initial claims for...more

Littler

Employers in Puerto Rico: Don’t forget to renew your Workers’ Compensation Insurance Policy

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Act No. 45 of April 18, 1935, known as the Puerto Rico Compensation System for Work-Related Accidents Act (Act 45), establishes that every employer must secure compulsory insurance to cover their employees’ work-related...more

Jones Day

Time for a Policy Checkup: Maximizing Insurance Coverage for Coronavirus Losses

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The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more

Bricker Graydon LLP

BWC proposes 13 percent rate cut in premiums for private employers

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The Bureau of Workers’ Compensation (BWC) recently proposed a 13 percent rate cut in premiums, totaling nearly $132 million, for private employers beginning July 1, 2020. The BWC’s board is expected to approve the cut at a...more

Chartwell Law

Causally Related Denial of Medical Bills May Not Be An Option In Pennsylvania

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Thinking of denying a medical bill in a Pennsylvania Workers’ Compensation claim for not being “causally related”? Better think twice. A new ruling from the Commonwealth Court of Pennsylvania suggests that denying a medical...more

Steptoe & Johnson PLLC

Employee Permitted Recovery Under Employer’s Motor Vehicle Insurance Policy

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The Fourth Circuit Court of Appeals in United Financial Casualty Company v. Ball vacated a judgment of the District Court for the Southern District of West Virginia. The Court held that the district court had improperly found...more

Dentons

Legislative Update: Idiopathic and Unexplained Falls

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Effective July 1, 2019, injuries in the workplace from idiopathic and unexplained falls will be subject to a new law. On April 23, 2019, Governor Reynolds signed into law an amendment to Iowa Code section 85.61(7)....more

Chartwell Law

Risky Business

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On April 5, 2019, the Florida First District Court of Appeal issued a rare en banc opinion in the case of Valcourt-Williams v. Sedgwick CMS, regarding the compensability of an accident that occurred, when an adjuster tripped...more

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