News & Analysis as of

Workers’ Compensation Compensation & Benefits Workplace Injury

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

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

Maison Law

The Worker's Compensation Process in California

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According to the California Department of Industrial Relations, California had 680,152 workers' compensation claims in 2023, based upon first reports of injuries. This translates to 3.6 worker injuries per every 100 employees...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – November 2024 #2

Big New York WC Decision drop today. This week we learn the answers to these questions: Can you catch COVID from working with dead bodies? Is burnout from working at home compensable?...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup - November 2024

From the 3rd Dept on Thursday 11/7/24, there were some relatively good decisions for the defense. Learn more in the blurbs below. In Herrera v. American Badge, a COVID claim was disallowed....more

Weber Gallagher Simpson Stapleton Fires &...

Schedule of Disabilities Chart for New Jersey Workers’ Compensation

In this WG Alert, you will find the 2025 Schedule of disabilities chart for New Jersey workers’ compensation claims. The Statutory maximum and minimum for 2025 have increased to $1,159 and $309 respectively. There were no...more

Weber Gallagher Simpson Stapleton Fires &...

Understanding Senate Bill 365: Expanded Workers’ Comp Benefits for First Responders’ PTSD

In a bi-partisan effort, both Pennsylvania legislative houses and the Pennsylvania Governor have come together to lower the burden of proof for our Commonwealth’s first responders, when those men and women have witnessed a...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – October 2024

The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more

Marshall Dennehey

Commonwealth Court Paves the Way for Workers’ Compensation Fee Agreements Pertaining to Prospective Medical Benefits by Declaring...

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Key Points: A 20% Fee Agreement applicable to all workers’ compensation benefits, indemnity and medical, is per se reasonable and enforceable, regardless of whether the medical expenses have been incurred or will be incurred...more

Marshall Dennehey

Waiting on a Workers' Compensation Lien Reimbursement in New Jersey? You May Have to Wait a Little Longer. Section 40 and the...

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Key Points: The New Jersey workers’ compensation statute and applicable case law protects employers’ worker’s compensation lien rights against an injured worker’s third-party recovery....more

Marshall Dennehey

Superior Court Affirms IAB Decision Enforcing Workers’ Compensation Settlement Agreement and Rejected Claimant’s Attorney’s...

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Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024) - Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident,...more

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