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
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
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
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
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
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
On January 2, 2024, the Pennsylvania Commonwealth Court ruled to set aside the long-utilized “Red Book” standard for repricing prescription medications in Pennsylvania workers’ compensation claims. The court directed the...more
On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more
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
Under the North Carolina Workers’ Compensation Act, the total loss of a member or loss of vision is a compensable injury....more
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
The Delaware Supreme Court recently reinterpreted a section of the state’s Workers’ Compensation Act (WCA) (19 Del. C. § 2301 et seq.) to allow employers and insurance providers to pursue liens on certain excess benefits...more
Jose Gonzalez v. Guizzetti Farms, Inc. (WCAB) and Guizzetti Farms, Inc. v. Jose Gonzalez (WCAB); No. 144 C.D. 2022; No. 286 C.D. 2022; filed Apr. 18, 2023; by Judge Ceisler (PREVIOUS NON-REPORTED OPINION) - In this case, the...more
On June 5, 2023, Substitute Bill No. 913 was enacted as Public Act (PA) No. 23-35, “An Act Expanding Workers’ Compensation Coverage for Post-Traumatic Stress Injuries for All Employees.”...more
The Pennsylvania legislature is considering House Bill 930, a proposed amendment to the Pennsylvania Workers’ Compensation Act (the “Act”). If passed, the proposed amendment would result in two substantial changes to...more
The Pennsylvania Supreme Court issued a significant decision this week, enforcing the Pennsylvania Workers’ Compensation Act’s exclusivity provision. Franczyk v. The Home Depot, Inc. (Pa. April 19, 2023)....more
On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision regarding employee use of medical marijuana in the workers’ compensation context. The decision in Fegley v. Firestone Tire & Rubber (Workers’ Comp....more
In Yoder v. McCarthy Constr., Inc., 2023 Pa. Super. LEXIS 36 the Pennsylvania Superior Court recently denied a $5.59 million verdict to an injured worker. When Jason Yoder fell through a hole in the roof while doing repairs...more
Ocean Wholesale Nursery LLC, the respondent, appealed from an order denying its motion to dismiss Donald Servais's, the petitioner, workers' compensation petition and from a final judgment awarding the petitioner $75,516.00....more
Nationwide among the claims and risk management community, Pennsylvania is known as being a forms-intensive state. But the Commonwealth just became slightly less forms-intensive with the recent Pennsylvania Supreme Court...more
On December 22, 2021, the Pennsylvania Supreme Court issued a decision in Lorino v. WCAB (Commonwealth of Pennsylvania), 266 A.3d 487 (Pa. 2021), which generally held that attorney’s fees shall be awarded when an injured...more
The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more