News & Analysis as of

Workers' Compensation Claim Employer Liability Issues

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

Marshall Dennehey on

Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Marshall Dennehey

Commonwealth Court Affirms Denial of Reinstatement and Penalty Petitions in COVID-19 Workers’ Compensation Case

Marshall Dennehey on

William Bolds v. City of Philadelphia (WCAB); No. 488 C.D. 2024; filed February 25, 2025; Senior Judge Leavitt - A former police officer’s attempt to reinstate workers’ compensation benefits following a COVID-19 diagnosis was...more

Chartwell Law

Evolving Cannabis Law and Workers’ Compensation

Chartwell Law on

As our understanding of medicine evolves - alongside society’s increasingly relaxed attitude toward cannabis - it’s no surprise that corresponding adjustments are emerging in the field of workers’ compensation law....more

Frantz Ward LLP

Understanding Workers’ Compensation Litigation in Ohio: What State Fund Employers Need to Know

Frantz Ward LLP on

For some state fund employers in Ohio, receiving a court complaint as a defendant in workers’ compensation litigation can be unexpected. Employers experiencing this for the first time are often surprised that an employee can...more

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

Gray Reed on

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

BCLP on

With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. ...more

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

Hendershot Cowart P.C. on

When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

Marshall Dennehey

Treatment With Authorized Provider Tolls Statute of Limitations, Although Treatment Occurred Without Employer/Carrier’s Knowledge...

Marshall Dennehey on

Ortiz v. Winn-Dixie, Inc., No. 1D2021-0885, Fla. 1st DCA 2024, DCA#: 1D2021-0885, Decision date: Dec. 23, 2024 - The First District Court of Appeal issued another opinion in the ongoing statute of limitations saga triggered...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Amends the Warehouse Worker Injury Reduction Act

On February 14, 2025, New York Governor Kathy Hochul signed into law amendments to the New York Warehouse Worker Injury Reduction Act (A2432/S808)....more

Marshall Dennehey

Right to Subrogation for Medical Bill Payments Not Waived by Failing to Properly Preserve Issue at All Stages of Litigation,...

Marshall Dennehey on

City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; Filed Dec. 24, 2024 - Wayne...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...

Marshall Dennehey on

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

Marshall Dennehey

Delaware Superior Court Reverses Industrial Accident Board Decision, Holding the Board Erred as a Matter of Law and Abused Its...

Marshall Dennehey on

United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. The...more

Marshall Dennehey

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

Marshall Dennehey on

Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

Goldberg Segalla

PEO Reporting Requirements Update

Goldberg Segalla on

PEOs operating in New Jersey should be aware that S2357 was signed into law in November 2022 as P.L. 2022, c. 120 (“the Act”).The Act went into effect on July 31, 2023. While the Act has not yet changed the reporting...more

Goldberg Segalla

Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

Goldberg Segalla on

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

Marshall Dennehey

The Employers Were Not Required to Reimburse a DHS Lien for the Claimant’s Medical Treatment Until the Medical Providers Submitted...

Marshall Dennehey on

Dura-Bond Coating, Inc. v. Ryan (WCAB); No. 1137 C.D. 2023, Filed November 18, 2024; Judge Covey - The claimant suffered amputations of both lower extremities. A workers’ compensation judge granted a Claim Petition and...more

Husch Blackwell LLP

What Martin v. Goodrich Means for the Illinois’ Workers’ Compensation Landscape

Husch Blackwell LLP on

On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more

Maison Law

Steps to Take Following a Workplace Injury in California

Maison Law on

Workplace injuries in California are unfortunately common, and they can wreak havoc on your finances now and in the future. While employers are required to provide a safe workplace, accidents and mishaps do occur in all types...more

Maison Law

Worker's Compensation Denied in California: What to Do Next

Maison Law on

Workers’ compensation is considered a no-fault insurance system. Basically, it is intended to help injured workers get financial compensation for their lost wages and medical expenses if they are injured at work. However,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Labor Code Section 132a—When Claims of Discrimination Are Brought Before the Workers’ Compensation Appeals Board

Pursuant to Labor Code section 132a, California has declared that “there should not be discrimination against workers who are injured in the course and scope of their employment.”...more

Chartwell Law

PA Department of Labor and Industry Announce Updates to Workers' Compensation Payments for 2025

Chartwell Law on

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

Goldberg Segalla

N.J. Supreme Court Rules No Coverage Available due to Intentional Wrong Exclusion in Policy

Goldberg Segalla on

On December 12, the New Jersey Supreme Court ruled that there was no coverage available to an employer for its employee’s workplace personal injury lawsuit under the employer’s workers’ compensation and employer’s liability...more

Chartwell Law

2025 New Jersey Workers’ Compensation Rate Update

Chartwell Law on

As we approach the New Year, it’s important to stay informed about changes that may impact your workers’ compensation processes. With the beginning of 2025, there are updates to the statutory maximum and minimum compensation...more

Bricker Graydon LLP

Office Parties Gone Wild - Should an Employer Require Recreational Activity Waivers for Employees Participating in Workplace...

Bricker Graydon LLP on

As we head into the holiday season, we all find ourselves busy with work-related parties, events, and get- togethers of many different types. From time to time, businesses host employee parties or other offsite events to keep...more

420 Results
 / 
View per page
Page: of 17

"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