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Workers' Compensation Claim Workplace Injury

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] 2024 New Jersey Workers’ Compensation Case Law Updates - April 29th, 12:00 pm - 1:00 pm ET

Join partners Cheryl Binosa, Jeffrey Newby, and Renee Porada Frazier for an insightful webinar that will cover several pressing topics in New Jersey Workers' Compensation, based on recent cases in the state. In this...more

Carlton Fields

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

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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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – March 2025

The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more

Hendershot Cowart P.C.

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

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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

Bricker Graydon LLP

[Event] Preventing HR Whiplash: Navigating Change with Confidence Under the Trump Administration - April 8th, Cincinnati, OH

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Join us for an informative and engaging Spring Seminar hosted by our Labor and Employment team where you'll hear about the latest updates and key insights on the ever-evolving landscape of employment law. Our team will...more

Marshall Dennehey

Where a Claimant Seeks to Add a Distinct, Consequential Injury to Notice of Compensation Payable and to Reinstate Indemnity...

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Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...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

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

Claimant’s Average Weekly Wage Was Properly Calculated Based on a 40-hour Work Week, Even Though He Only Worked a Total of 10 Days...

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County of Allegheny v. Michael Marzano (WCAB); No 1111 C.D. 2022; filed Dec. 24, 2024 - The claimant was employed by the employer as a corrections officer. He filed a Claim Petition alleging that on July 27, 2018, he was...more

Marshall Dennehey

Employer’s Refusal to Compromise It’s Subrogation Lien During Pendency of a Tort Action Does Not Constitute Bad Faith Resulting in...

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Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025 - This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot. A Claim...more

Morris James LLP

After the Route 1 Rollovers: Understanding Injury and Death Benefits

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On February 25, 2025, two separate rollover accidents occurred on Delaware's Route 1, resulting in one fatality and one individual sustaining serious injuries. These incidents not only highlight the inherent dangers present...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania House Committee Advances HB 183 to Expand Workers’ Compensation Disfigurement Benefits

Last week, the Commonwealth of Pennsylvania House Labor and Industry Committee passed HB 183. This Bill is designed to expand significantly what has been long-established access to workers compensation disfigurement benefits...more

Marshall Dennehey

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

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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

Marshall Dennehey

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

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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

Hissey, Mulderig & Friend, PLLC

How is Mesothelioma Diagnosed?: A Step-By-Step Guide

Workers whose jobs involved exposure to asbestos – including boilermakers, boiler workers, carpenters, factory workers, laborers, pipe coverers, and pipefitters – may be in danger of developing mesothelioma, asbestos lung...more

Maison Law

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

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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

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

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1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Marshall Dennehey

Top 10 Developments in New Jersey Workers’ Compensation in 2024

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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

Marshall Dennehey

Top 10 Developments in Pennsylvania Workers’ Compensation in 2024

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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

Weber Gallagher Simpson Stapleton Fires &...

Three Appellate Division Decisions Affecting New York Workers’ Compensation

Last week, three Appellate Division decisions were made that will affect New York Workers’ Compensation matters: 1. Giesselmann v. Rotterdam Steel, LLC CV-23-1921 . This was a good decision from the 3rd Dept., affirming a...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

Goldberg Segalla

Fraud Doesn’t Pay in New York – November 2024 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce yet another installment with examples of our continued success in the area of fraud litigation. ...more

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