News & Analysis as of

Workplace Injury Constitutional Challenges

Marshall Dennehey

Act 111 is Not an Unconstitutional Special Law Regulating Labor, and an IRE Physician’s Evaluation is Competent to Support a...

Marshall Dennehey on

Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough - The claimant underwent an Impairment Rating Evaluation (IRE) on September 20, 2011, following a July 5, 2005,...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 9

This ninth edition of Unprecedented, our weekly update on COVID-19-related litigation, continues to be dominated by shutdown challenges and workplace injury and wrongful death claims. But as governments discuss contact...more

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

Oklahoma Supreme Court Quashes Noneconomic Damages Cap for Personal Injury Claims

A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits. In Beason v. I.E. Miller Services, Inc., the court held that the statutory damages...more

Tucker Arensberg, P.C.

The End of the IRE Process (as we know it)

Tucker Arensberg, P.C. on

Pennsylvania, like many other states, has a statutory section of its Workers’ Compensation law that is devoted to the designation of an impairment rating for an injured worker who is collecting Workers’ Compensation benefits....more

Bradley Arant Boult Cummings LLP

One Judge Finds Alabama’s Workers’ Compensation Act Unconstitutional—Now What?

Workers’ compensation laws are supposed to take the guess work out of employee injuries. If an employee is hurt at work, the statute governs, you pay the benefits and move on—right? Well, if you have employees in Alabama,...more

Burr & Forman

Burr Alert: Alabama Workers’ Compensation Act Held Unconstitutional

Burr & Forman on

On Monday, May 8, 2017, Jefferson County Circuit Court Judge Pat Ballard unexpectedly ruled that the Alabama Workers’ Compensation Act is unconstitutional. Specifically, Judge Ballard found the $220 per week cap on workers’...more

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