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Workplace Injury Disability

Woods Rogers

What's the Tea in L&E? Injury or Disability: What's the Difference?

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. Warmer weather and frequent outdoor activities often result in increased injuries. In this short video, Woods...more

Marshall Dennehey

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

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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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more

Marshall Dennehey

A Workers’ Compensation Judge’s Approval of a Section 20 Settlement Can Be Contingent on a Petitioner’s Live Testimony

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Key Points: A workers’ compensation judge has the discretion to require live testimony from a petitioner as a condition for approval of a Section 20 settlement. The New Jersey Appellate Division defers to a judge’s findings...more

Marshall Dennehey

Beware of the Language Used in Your Settlement Agreements: Medicare Is Watching

Marshall Dennehey on

The workers’ compensation practitioner has now become a forced bedfellow of CMS, like it or not. If you fail to “issue spot” in relevant settlements, you will have problems. Reprinted with permission from the October 2,...more

Marshall Dennehey

Act 111, Which Enacted the Impairment Evaluation Provisions of Section 306(a.3) of the Pennsylvania Workers’ Compensation Act, is...

Marshall Dennehey on

Jose Gonzalez v. Guizzetti Farms, Inc. (WCAB) and Guizzetti Farms, Inc. v. Jose Gonzalez (WCAB); No. 144 C.D. 2022; No. 286 C.D. 2022; filed Apr. 18, 2023; by Judge Ceisler (PREVIOUS NON-REPORTED OPINION) - In this case, the...more

Bricker Graydon LLP

Salary Continuation or Temporary Total Compensation, which should I choose?

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​​​​​​​An employee is injured on the job and cannot immediately return to work. Whether to offer salary continuation or permit temporary total disability compensation to be paid under the workers’ compensation claim is a...more

Laughlin, Falbo, Levy & Moresi LLP

California Appellate Decision Limits Hikida; Allows Apportionment For Impairment Caused By Medical Treatment

In a recent case which is helpful to the defense bar, County of Santa Clara v. WCAB (Justice), the 6th District Court of Appeal in California limited the scope of the findings in the 2nd District Court’s previous holding in...more

Chartwell Law

An Additional 450 Weeks on Reopener Cases That Become Total Cases

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Previously, on a reopener of a permanent partial total disability case that turned into a permanent total disability case, there has always been a credit for the entire amount paid for the partial total award.  This leads to...more

Chartwell Law

Determining the First Day of Disability

Chartwell Law on

Valley Stairs and Rails v. WCAB (Parsons), No. 110 C.D. (Cmwlth Ct. 2019) - In Valley Stairs, the Commonwealth Court addressed the issue of the date a claimant’s workers’ compensation benefits become payable, under Section...more

Tucker Arensberg, P.C.

New PA Workers’ Comp Law Designed to Save Employers Money

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For three decades in Pennsylvania, employers and Workers’ Compensation insurance carriers could seek an independent review of the “impairment rating” of an injured worker, in order to determine the percentage of disability,...more

Littler

IMSS Anuncia Nuevos Servicios Digitales Para El Pago Y Consulta De Incapacidades

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Este mes de mayo, el Instituto Mexicano del Seguro Social (IMSS) anunció nuevas herramientas digitales que dan la posibilidad tanto al asegurado como a las empresas de consultar en línea el historial de las incapacidades...more

Littler

Mexico: New Digital System Allows Verification of Disability Certifications Among Other Related Transactions

Littler on

Earlier this month, the Mexican Institute for Social Security (IMSS) announced new digital tools that enable both employers and insured employees to review records concerning the employees' disabilities certified by the IMSS,...more

Seyfarth Shaw LLP

Timing is Everything: Tenth Circuit Overturns Insurer’s Disability Decision as Arbitrary and Capricious

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Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more

McNees Wallace & Nurick LLC

Pennsylvania Supreme Court Decision in Protz Marks Major Change in Workers’ Compensation Law

Prior to June 20, 2017, a powerful tool was available to employers and workers’ compensation carriers to cap exposure on long term workers’ compensation claims. That tool, provided by the Act 44 amendments in 1996, was...more

Ballard Spahr LLP

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

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The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

K&L Gates LLP

The Danger of Assumptions When Dealing With Ill and Injured Employees

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A recent decision made by the Federal Circuit Court (Court) provides a timely reminder of the need to take care when making decisions about the ongoing employment and duties of ill and injured employees. The decision also...more

CMCP - California Minority Counsel Program

A Tale Of Two Public Entities: What Employers Can Learn About The FEHA Accommodation Process

Finding the right accommodation for a disabled employee can be a difficult task under the Fair Employment and Housing Act (“FEHA”). An employer’s accommodation obligations are broad, and litigation can ensue when there is a...more

Proskauer - California Employment Law

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

Cranfill Sumner LLP

PPD Ratings: Schedule of Weeks [Infographic]

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For the loss or loss of use of the following member or vision in an eye, the employee is entitled to the corresponding number of weeks of permanent partial disability. If the employee has partial loss of use of that member...more

FordHarrison

Florida Court finds Workers' Compensation Statute Unconstitutional

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Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

U.S. Equal Employment Opportunity Commission...

Smurfit-Stone Container Corporation Sued by EEOC for Disability Discrimination

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charges - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, discriminated against an...more

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