News & Analysis as of

Disability Benefits

Dorsey & Whitney LLP

The Supreme Court Update - March 5, 2025

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The Supreme Court of the United States issued one decision today: Bufkin v. Collins, No. 23-713: This case involves the “benefit-of-the-doubt rule,” a unique standard of proof the Department of Veterans Affairs (“VA”)...more

Marshall Dennehey

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

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Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

Marshall Dennehey

Petition to Terminate Total Disability Benefits for Claimant Who Had Light-duty Restrictions That Could Not Be Accommodated...

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Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his...more

Marshall Dennehey

New Jersey Workers’ Compensation Legislation Update

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Since the holidays and the start of the new year, there have been no new New Jersey appellate decisions in workers’ compensation. Below are some of the more notable pending New Jersey workers’ compensation bills in the...more

Marshall Dennehey

Claimant’s Conversation With Fellow Firefighter About Act 46 Cancer Presumption Was Not the Date He Became Aware of His Cancer’s...

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West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more

McAfee & Taft

Employer do’s and don’ts for applying accrued PTO to FMLA leave

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The Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take up to 12 weeks of unpaid, protected leave during a 12-month period for absences resulting from covered family or medical...more

Cranfill Sumner LLP

NC Supreme Court Issues Decision on Extended Compensation Benefits

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On December 13, 2024, the North Carolina Supreme Court issued a unanimous decision on extended compensation benefits that is favorable to employers and workers’ compensation insurance carriers.  To be entitled to extended...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - December 2024

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This month’s Friday Five explores recent decisions including the impact of a COVID furlough on eligibility for LTD benefits, what constitutes a breach of an employer’s fiduciary duty, what defines total proof of disability or...more

Fox Rothschild LLP

DOL Announces Proposed Rule to Phase Out Subminimum Wage for Workers With Disabilities

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The Department of Labor (DOL) announced a proposed rule that would phase out the ability of employers to pay employees with disabilities less than the federal minimum wage. Currently, under section 14(c) of the Fair Labor...more

Frantz Ward LLP

Ohio Supreme Court Hits the Gas on “Direct Causation” Analysis in Temporary Total Disability in AutoZone

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If an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the...more

Robins Kaplan LLP

A Landmark Victory for Disabled Homeless Veterans: Q&A with the Trial Team

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After a 16-day bench trial, U.S. District Judge David O. Carter ruled that the Department of Veterans Affairs (VA) must honor its commitment to provide housing and healthcare to veterans on the West Los Angeles VA Grounds....more

Roetzel & Andress

Supreme Court Issues Extremely Favorable Decision for Employers on Defense of TTD Compensation Requests

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On November 26, 2024, the Ohio Supreme Court issued an extremely favorable decision for employers on the potential defenses to the payment of TTD compensation. This case is important because it is the first time the Ohio...more

Vorys, Sater, Seymour and Pease LLP

Ohio Supreme Court Issues Ruling in Closely Watched Workers’ Compensation Case

The Ohio Supreme Court issued its opinion yesterday (November 26, 2024) in the AutoZone case (State ex rel. AutoZone Stores, Inc. v. Indus. Comm., Slip Opinion No. 2024-Ohio-5519). The decision is favorable to employers who...more

Maison Law

The Worker's Compensation Process in California

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According to the California Department of Industrial Relations, California had 680,152 workers' compensation claims in 2023, based upon first reports of injuries. This translates to 3.6 worker injuries per every 100 employees...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – November 2024 #2

Big New York WC Decision drop today. This week we learn the answers to these questions: Can you catch COVID from working with dead bodies? Is burnout from working at home compensable?...more

Weber Gallagher Simpson Stapleton Fires &...

Schedule of Disabilities Chart for New Jersey Workers’ Compensation

In this WG Alert, you will find the 2025 Schedule of disabilities chart for New Jersey workers’ compensation claims. The Statutory maximum and minimum for 2025 have increased to $1,159 and $309 respectively. There were no...more

Laughlin, Falbo, Levy & Moresi LLP

California: The Golden State for Seasonal Workers

California has one of the most diverse workforces in the country. Each distinct job industry has its own nuances within the Workers’ Compensation system. One often overlooked but invaluable part of California’s workforce is...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024 #2

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Surinamese sprinter Issamade Asinga sued the Gatorade Company on Wednesday, alleging his recent doping ban was the result of eating contaminated “recovery gummies” that the brand manufactured and provided....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Brownstein Hyatt Farber Schreck

VA Budgetary Shortfall Threatens Veteran Benefits

As Congress shifts from negotiating positions on appropriations bills to building a continuing resolution (CR) for the rest of the calendar year, the Department of Veterans’ Affairs (VA) has been left facing a nearly $15...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2024

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This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the...more

Stark & Stark

Understanding Your Rights: Workers’ Compensation in New Jersey

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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

Chartwell Law

Bailey v. S. Lithoplate, Inc.

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Tuesday, the North Carolina Court of Appeals released an unpublished opinion addressing temporary partial disability (“TPD”) benefits and the application of the Russell v. Lowes Prod. Distribution factors, which assist...more

Goldberg Segalla

Counsel Fee Increases From 20% to 25% on New Jersey Workers’ Compensation Cases

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On August 22, 2024, New Jersey increased the available counsel fee for petitioner’s attorneys from 20% to 25%. The increase was signed into law by Acting Governor Nicholas Scutari. The applicable section of the Statute,...more

Proskauer - Proskauer For Good

Proskauer Prevails in London Benefits Matter

A Proskauer London-based team, consisting of partner Paul Tannenbaum and associates Julia Bihary, Shameelah Khan, and Antonia George, were recently successful in a pro bono personal independence payment (“PIP”) appeal case....more

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