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Disability Benefits Employer Liability Issues

Bricker Graydon LLP

The Turning Tides of Temporary Total Disability Compensation

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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

Brooks Pierce

Plan Sponsors, Beware This Benefit Plan Pitfall…

Brooks Pierce on

Do you know who is responsible for administering your ERISA employee benefit plans, including who has the authority to resolve claims for benefits under each plan? Do your plan documents reflect your actual administrative...more

Cranfill Sumner LLP

NC Court of Appeals Sets Standard for Extended Benefits in Sturdivant v. NC Department of Public Safety – What’s Next?

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In Sturdivant v. NC Department of Public Safety (No. COA22-421), the North Carolina Court of Appeals affirms Full Commission Opinion and Award denying extended benefits under N.C.G.S. 97-29 (c)...more

Pullman & Comley - Labor, Employment and...

Getting to Work: Latest Employment & Labor Developments from the Connecticut General Assembly (January 31st Public Hearing)

On January 4, 2023, the 2023 session of the Connecticut General Assembly began. The session is scheduled to adjourn on June 7, 2023.  Numerous proposed bills affecting Connecticut employers and employees will be unleashed...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania and New Jersey Release 2023 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2023 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

Conn Kavanaugh

Navigating Legal and Compliance Issues of Remote Work

Conn Kavanaugh on

As employers are settling into the post-pandemic “new normal,” many offices look much different than they did in 2020. Employers have implemented significant changes in workforce arrangements, with many employees working...more

Faegre Drinker Biddle & Reath LLP

Benefit Plan Descriptions May Create Unilateral Contracts in Pennsylvania

Benefit plan descriptions may expose Pennsylvania employers to additional contractual obligations and liabilities. According to a three-judge Pennsylvania Superior Court panel, providing benefit plan descriptions to employees...more

Roetzel & Andress

Ohio Supreme Court Reaffirms Employer’s Right to Raise Voluntary Abandonment

Roetzel & Andress on

In two separate rulings, the Supreme Court of Ohio reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. House Bill 81 (H.B. 81),...more

Genova Burns LLC

NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims

Genova Burns LLC on

On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish...more

Chartwell Law

An Overview of New York Workers' Compensation

Chartwell Law on

Chartwell Law's Adam T. Devine, Esq. and Jason D. Lewis, Esq. present this informative webinar addressing the fundamentals of New York workers’ compensation and cover: • The claims process including initiation of a claim and...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Ninth Circuit Affirms $6.5 Million Bad Faith Verdict Against Disability Insurer

In McClure v. Country Life Ins. Co., 795 Fed. Appx. 548 (9th Cir. 2020), the Ninth Circuit affirmed a $6.5 million bad faith verdict against a disability insurer that included a $1.29 million award for emotional distress...more

Proskauer - Labor Relations Update

“Hard” Bargaining Proposals Placed Into Final Offer Evidence Bad Faith Bargaining, NLRB Concludes

On May 21, 2020, the NLRB issued a decision in Altura Communication Solutions, LLC. The case asked the Board to consider whether a series of broad proposals made by the employer during collective bargaining amounted to bad...more

Jackson Lewis P.C.

California Of Department Of Fair Employment And Housing Issues COVID-19 Guidance

Jackson Lewis P.C. on

As California cases of COVID-19 began to rise in early March, several California administrative agencies released information on COVID-19 employment issues, such as administration of paid sick leave, disability benefits, and...more

ArentFox Schiff

COVID-19 and WC Claims: The Facts Are Key, But Employees Face A Significant Evidentiary Burden

ArentFox Schiff on

Employers and workers’ compensation insurers face a potentially huge number of claims for coverage by employees sickened with the coronavirus. State workers' compensation statutes, however, will erect significant evidentiary...more

Littler

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

Littler on

A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

Mintz - Employment Viewpoints

Massachusetts Paid Family and Medical Leave Part 2: Key Differences in the Revised Regulations

In our last blog post on Massachusetts Paid Family and Medical Leave (“MAPFML”), we reviewed the Department of Family and Medical Leave’s (the “Department”) draft regulations published in January 2019 and outlined some of the...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Accrued Holidays, Disability Benefits and Age Discrimination

If Accrued Holidays Are Not Used, Will They Be Lost? In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more

Littler

More Family Time and Money: New Jersey Expands its Family Leave Entitlements

Littler on

Declaring it the “most expansive paid family leave time and benefits in the nation,” New Jersey Governor Phil Murphy signed Assembly Bill (AB) 3975 into law on February 19, 2019....more

Seyfarth Shaw LLP

District Court Clarifies That “Disability” Requiring Workplace Accommodation Does Not Entitle Plaintiff to Disability Benefits

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more

Verrill

December 2018 Client Advisory

Verrill on

This Client Advisory highlights important developments in the law governing employee benefit plans and executive compensation over the past year. It offers insight into what these developments mean for employers and plan...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 3, September 2018

...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah...more

McNees Wallace & Nurick LLC

Workers’ Compensation Update: “Aggravation” of Pre-Existing Condition

The Commonwealth Court issued several interesting “unreported memorandum opinions” in the past several weeks. ...more

Littler

The Zone of Special Danger: Employing Local Nationals on U.S. Bases Overseas

Littler on

Companies providing services on U.S. military bases overseas are probably familiar with the Defense Base Act (DBA), a comprehensive federal workers’ compensation scheme providing medical and income benefits to injured...more

Constangy, Brooks, Smith & Prophete, LLP

DOL’s New Disability Claims Procedures Took Effect On April 1

Plan sponsors who provide benefits based upon determinations of disability should be prepared for the new procedural rules that started governing disability claims April 1. The U.S. Department of Labor issued these procedures...more

Blank Rome LLP

New Department of Labor Disability Claim Procedure: A Trap for the Unwary

Blank Rome LLP on

On April 1, 2018, a new Department of Labor regulation that modifies the procedures ERISA-governed plans must use to evaluate disability claims took effect....more

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