News & Analysis as of

Workers' Compensation Claim Disability Benefits

Stark & Stark

Understanding Your Rights: Workers’ Compensation in New Jersey

Stark & Stark on

Navigating the aftermath of a workplace injury can be overwhelming. However, knowing your rights under the New Jersey’s workers’ compensation laws can provide the clarity and confidence needed to ensure you receive the...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Affirms Judge’s Discretion in Findings of Fact and Credibility

On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – June 2024

Winkelman v. Sumitomo Rubber USA (3rd Dept. 6/20/24). This Appellate decision affirmed the Board’s finding of no Section 114a violation. Here, the claimant worked as a tire development engineer. He tripped and fell in May...more

Marshall Dennehey

Appellate Division Affirmed Workers’ Compensation Orders Denying Medical Treatment and Finding Lack of Causation.

Marshall Dennehey on

Driscoll v. Costco, No. A-2789-21 (Feb. 20, 2024) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical and temporary benefits and two other orders denying her motions...more

Marshall Dennehey

Delaware Supreme Court Affirms IAB Decision and Rejects Employer’s Arguments That Superior Court Civil Rule 41(a)(1) and the...

Marshall Dennehey on

United Parcel Service v. Hawkins, No. 233, 2023, 2024 WL 666726 (Del. Feb. 19, 2024) - The claimant was injured in a work accident on October 28, 2018. On December 9, 2019, he filed a Petition to Determine Additional...more

Marshall Dennehey

Judges of Compensation Claims Have the Authority to Take a Flexible and Holistic Approach to Permanent Total Disability Claims as...

Marshall Dennehey on

Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037; JCC: Massey; Decision date: Nov. 29, 2023 - The employer/carrier in this matter appealed the judge of compensation claims’ award of...more

Fisher Phillips

Employers Win Big Under Ohio Supreme Court’s Workers’ Comp Ruling: Here’s What You Need to Know About Recouping Overpayments

Fisher Phillips on

Employers faced many obstacles over the last few years, but the Ohio Supreme Court just gave them a welcomed boost in a ruling that should significantly reduce workers’ compensation claim costs. In a highly contentious 4-3...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more

Marshall Dennehey

Appellate Division Affirmed the Workers’ Compensation Judge’s Orders, Granting the Petitioner’s Application for Temporary Total...

Marshall Dennehey on

Soto v. Hoosier Care, Inc., No. A-0507-22 (Dec. 11, 2023) - The petitioner was injured in 2018 and resolved her case for 25% partial-total disability in 2021. In 2018, she had returned to work for Complete Care as a certified...more

Bricker Graydon LLP

The Turning Tides of Temporary Total Disability Compensation

Bricker Graydon LLP on

This month, the Ohio Supreme Court altered the landscape of more than 25 years of workers’ compensation legal precedent in an employer-friendly decision concerning termination of Temporary Total Disability compensation....more

Cranfill Sumner LLP

Beyond the 500-Week Limit: Understanding Extended Compensation under the North Carolina Workers’ Compensation Act

Cranfill Sumner LLP on

Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!...more

Cranfill Sumner LLP

Now You See Me, Now You Don’t: All Things Related to the Compensability of Eye Injuries and Defense of Eye Injury Claims

Cranfill Sumner LLP on

Under the North Carolina Workers’ Compensation Act, the total loss of a member or loss of vision is a compensable injury....more

Cranfill Sumner LLP

Just in Case You Didn't (c) It the First Time

Cranfill Sumner LLP on

With respect to workplace injuries, The North Carolina Workers’ Compensation Act is a legislative fix to a common law problem. The Act is sometimes called “the grand compromise”  because it was crafted so as to balance the...more

Cranfill Sumner LLP

Can Employers Deduct Wages Earned from a Concurrent Employer in Calculating Their Obligation to Pay Partial Disability...

Cranfill Sumner LLP on

Many employers are constantly faced with questions surrounding an injured worker’s entitlement to disability benefits. North Carolina, like many other states, has a workers’ compensation system in place to provide benefits to...more

Dinsmore & Shohl LLP

New Appeals Court Decision Limits Employers’ Ability to Fight Temporary Total Disability Following Termination

Dinsmore & Shohl LLP on

In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause....more

Chartwell Law

The Chartwell Chronicles: Permanent Disability

Chartwell Law on

In Episode 7 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss Permanent Disability Benefits and what that actually means when it comes to New Jersey Workers' Compensation. Topics of discussion...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Overturns Award of Excessive Counsel Fees by WC Judge

In an interesting decision, the Appellate Court (Garzon v Morris County Golf Club,  App Div. decided December 23, 2022) overturned the awarding of counsel fees for permanency and fees on a Motion for Medical Temporary Total...more

Bricker Graydon LLP

Salary Continuation or Temporary Total Compensation, which should I choose?

Bricker Graydon LLP on

​​​​​​​An employee is injured on the job and cannot immediately return to work. Whether to offer salary continuation or permit temporary total disability compensation to be paid under the workers’ compensation claim is a...more

Goldberg Segalla

Practical Tips for Investigation of COVID-19 Claims in New Jersey

Goldberg Segalla on

Key Takeaways - As of September 2020, New Jersey law created a “rebuttable presumption” that COVID-19 is work-related and fully compensable for the purposes of workers’ compensation—assuming the petitioner is an essential...more

White and Williams LLP

Keep an Eye on Potential Offsets Against PA Workers’ Compensation Benefits

The Pennsylvania Workers’ Compensation Act (Act) was amended in 1996 to allow an employer to take an offset against workers’ compensation wage loss benefits for 50% of Social Security retirement benefits received, if that...more

White and Williams LLP

NJ and PA Workers' Compensation Benefits for 2022

White and Williams LLP on

Workers’ compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage (SAWW) that is published by the Departments of Labor every year. The year of the worker’s injury will...more

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

Cranfill Sumner LLP on

Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Chartwell Law

An Overview of New Jersey Workers' Compensation

Chartwell Law on

Chartwell Law's Brittany Atkinson, Esq., Kevin J. Riefenstahl, Esq., and Colin J. Davis, Esq. present this informative webinar addressing the fundamentals of New Jersey workers' compensation and cover: • Classifications of...more

Chartwell Law

An Overview of Massachusetts Workers' Compensation

Chartwell Law on

Chartwell Law's Thomas A. Richard, Esq. and Jamie Spiller Kaplan, Esq. present this informative webinar addressing the fundamentals of Massachusetts workers' compensation and cover: • What types of injury are compensable; •...more

Weber Gallagher Simpson Stapleton Fires &...

Workers' Compensation Academy: Requests by Defense Counsel – A Defense Analysis of Materials Needed from Carriers and Clients for...

What do you need to provide your defense counsel with for the defense of a claim? Partners Jennifer Laver and Robert Hanneman discuss what defense counsels need to give an accurate analysis of a claim, compensability, medical...more

53 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide