News & Analysis as of

Workplace Injury Bodily Injury

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Stark & Stark

Navigating Workers' Compensation for Repetitive Stress Injuries

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The term ‘repetitive stress injury’ covers a wide variety of conditions. A Repetitive stress or strain injury happens when too much stress is placed on a given body part and can result in pain, swelling, muscle strains, and...more

Chambliss, Bahner & Stophel, P.C.

Is a Personal Injury Settlement Taxed?

Approximately 6 percent of adult Americans experience an activity-limiting injury every three months, according to the Centers for Disease Control and Prevention (CDC). Injuries can happen because of carelessness, such as...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Marshall Dennehey

Delaware Superior Court Affirms an Industrial Accident Board Decision That a Claimant Injured While Performing an Employer-Related...

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Testa-Carr v. Sallie Mae, N23A-04-004 CEB (Del. Super. Feb. 8, 2024) - Ms. Testa-Carr worked as a customer service representative for Sallie Mae. On March 21, 2022, she was fell down some stairs and was injured while...more

Marshall Dennehey

Appellate Divisions Affirms a Workers’ Compensation Judge’s Decision That the Claimant’s Testimony Was Not Credible and His...

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Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits. In January 2017, the...more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

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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

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

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A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

Morris James LLP

Construction Accidents FAQs

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1. What is a construction accident lawsuit? A construction accident lawsuit is a legal claim made by someone who has been injured on a construction site as result of negligence or a safety violation. This could involve...more

Poyner Spruill LLP

New OSHA Emphasis Program Targeting Warehouses and Distribution Centers

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OSHA has launched a three-year National Emphasis Program targeting warehouses and distribution centers.  Beginning this fiscal year this Program will extend through the middle of 2026. National Emphasis Programs are temporary...more

Chartwell Law

The Chartwell Chronicles: Understanding the Medicals

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In Episode 26 of The Chartwell Chronicles, host Brittany Atkinson is joined by special guest Mark Spivak from our Moorestown, NJ office to discuss the importance of the medicals in New Jersey workers' compensation. Brittany...more

Marshall Dennehey

Allowing Your Manager to “Pop” Your Back at the End of a Long Shift is Not an Injury That Arose Out of Employment

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East Coast Waffles, Inc. d/b/a Waffle House, and Brentwood Management Services, Inc., v. Jonathan L. Haselden, 1st Dist. Court of Appeal; No. 1D21-3745; On appeal from order of the Office of the Judges of Compensation Claims;...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Stands Firm: Upholding Lower Court Decision on Causation and Credibility

In keeping with past trends, the New Jersey Appellate Court has again refused to overturn a lower court decision that was based on the assessment of a witness’s credibility and competent evidence. In Smith v H&M...more

Marshall Dennehey

Appellate Division Affirms Summary Judgment Against Employer Due to the Exclusive Remedy Provision of the Act and Affirms Summary...

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Cannon v. Bravo Pack, Inc. and Kraft Machines Inc. v. Employers Preferred Ins., No. A-1702-21 (Oct. 31, 2023) and Cannon v. Bravo Pack, Inc. and Bravo Pack, Inc. v. Employers Preferred Ins., No. A-1731-21 (Oct. 31, 2023) - In...more

Mayer Brown

Cost Consequence of Sanctioned Payment with "Otherwise Proviso" - Li Suk Yee v. ParknShop (HK) Limited [2023] HKDC 1670

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Background and Decision of the Court Master - The Plaintiff was a store attendant in a supermarket. She claimed that she fell from a ladder while working at the supermarket when a shopping cart controlled by a customer...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

Whitcomb Selinsky, PC

Workers’ Compensation FAQ: Do I Need An Attorney?

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As Colorado workers’ compensation attorneys, we frequently get asked by friends, family, and potential clients whether an injured worker needs to retain an attorney to file a workers’ compensation claim. Ultimately, there is...more

Whitcomb Selinsky, PC

Workers’ Compensation for Serious Injuries

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There are different levels of disability that can result from serious work injuries: temporary partial disability (TPD); permanent partial disability (PPD); permanent total disability (PTD); and fatal injuries. Workers’...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee

Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) - Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court reaffirms invalidation of regular-use exclusion to preclude UIM coverage

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On September 7, 2022, the Superior Court of Pennsylvania held in Jones v. Erie Insurance Exchange that “the regular-use clause of an insurance contract contravenes Section 1731” of the Pennsylvania Motor Vehicle Financial...more

Cranfill Sumner LLP

Six Tips for Summer Accident and Disaster Preparedness

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The days are growing longer and warmer on the Atlantic coast. That means tourism season – and hurricane season – are almost upon us. Summer 2022 is predicted to be record breaking both in terms of travel and significant...more

Goldberg Segalla

New Traumatic Brain Injury Guidelines from NY Workers’ Compensation Board Are Effective May 2

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Key Takeaways - The NY Workers’ Compensation Board has announced that the new medical treatment guidelines—including new guidelines covering Traumatic Brain Injury (TBI)—become effective on May 2, 2022. The guidelines...more

Hogan Lovells

Only joking - UK employer not liable for workplace horseplay

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In Chell v Tarmac Cement and Lime Ltd, the Court of Appeal of England and Wales confirmed that an employer was not vicariously liable when a workplace prank carried out by one of its employees injured another person working...more

Cranfill Sumner LLP

Death Claim Series – Whether the Accident or Occupational Disease Caused the Resulting Death.

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Over the next several weeks I will be releasing a series of articles on North Carolina Workers’ Compensation Death Claims.  The articles will address the following five over-arching issues...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2021

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Court Holds That Contractor’s Insurer Must Defend Owner As Additional Insured In Personal Injury Action Filed By Subcontractor’s Employee- A premises owner hired a contractor to perform an oil-to-gas boiler conversion, and...more

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