Mitigating Medical Exposure
Slippery When Wet: Parking Lot and Sidewalk Workers' Compensation To Pay or Not to Pay
Workers' Compensation Academy: Exclusivity Provisions of the PA Workers’ Compensation Act
An Overview of Connecticut Workers' Compensation
Workers' Compensation Academy: Proposed Legislation and Reduced Regulation - Managing Workers’ Compensation Claims Amid COVID - 19
Now Trending Emerging Issues and Legislation in Maine Workers' Compensation
The Connecticut Supreme Court recently ruled in Gardner v. Department of Mental Health and Addiction Services that Workers’ Compensation Administrative Law Judges (ALJs) can award ongoing temporary partial disability (TPD)...more
Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the...more
Key Points: Delaware Superior Court permits injured plaintiffs-employees to board medical bills and lost wages already paid by the workers’ compensation carrier in subsequent UIM claim related to the same incident, despite a...more
Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more
1. The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more
1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more
We want to ensure you stay informed about key changes impacting workers’ compensation in Pennsylvania. The December 14 edition of the Pennsylvania Bulletin includes a Notice from the Department of Labor and Industry regarding...more
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
Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more
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
House Bill 2490 has been introduced and it is best to quote from the sponsoring legislator’s words: [S]ome employers and insurers require claimants to sign side agreements forcing them to resign, preventing them from ever...more
700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office & SWIF; No. 660 C.D. 2020; No. 617 C.D. 2020; filed May 16, 2024; President Judge Cohn-Jubelirer - In this case, 700 Pharmacy filed five Fee Review...more
The Rhode Island General Assembly was active during the 2024 legislative session, passing several bills that impact employers and their business practices. Here is a summary of the new laws Rhode Island employers may need to...more
Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more
The vexing issue of whether insurance carriers, third-party administrators and self-insured employers will be required to pay for a broad array of non-prescription items (for example, over-the-counter medications, dietary...more
On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the...more
In Keim v. Above All Termite & Pest Control, the New Jersey Supreme Court specifically set out rules defining when employment starts and stops under N.J.S.A. 34:15-36. They held that this section of the New Jersey Workers’...more
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
In Schmidt v. Schmidt, Kirifides & Rassias (WCAB), 1039 C.D. 2021, filed November 14, 2023, a case of first impression, the Pennsylvania Commonwealth Court ruled that claimants are entitled to reimbursement for out-of-pocket...more
Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some...more
Heuman v. Heuman, et al., No. A-1593-21 (Dec. 11, 2023) - The plaintiff injured his right eye while working with a mixer that had been modified, resulting in the loss of his eye and the permanent need for a prosthetic. He...more
Liberty Ins. Corp. v. Techdan, LLC, 253 N.J. 87, 289 A.3d 429 (2023), as revised (Mar. 23, 2023) - The plaintiff alleged that the defendants misrepresented their relationship, ownership structure and submitted fraudulent...more
Workers' compensation benefits in Pennsylvania and New Jersey are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates...more
In 2023, there were several separate Commonwealth Court opinions that addressed payment of medical marijuana and CBD oil prescriptions per the PA Workers’ Compensation Act. On March 17, 2023, the court first issued opinions...more
On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill...more