News & Analysis as of

Workplace Injury Workers’ Compensation Appeals Board (WCAB)

Marshall Dennehey

Excluding Counsel Fees From Payment of Future Medical Benefits Based on Future Medical Expenses as Speculative is Contrary to Sec....

Marshall Dennehey on

Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough - In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The...more

Marshall Dennehey

Under Section 440 of the Act, an Unreasonable Contest Will Always Result in an Award of Attorney’s Fees and a Reasonable Contest...

Marshall Dennehey on

Glenny Torres v. Amazon.com Services LLC (WCAB); No. 1398 C.D. 2022; filed Apr. 9, 2024; Judge Wallace - In this case, a workers’ compensation judge granted a Claim Petition and ordered payment of benefits for a September 17,...more

Laughlin, Falbo, Levy & Moresi LLP

The Duty to Investigate: Applicant’s Attorneys’ New “Gold Mine” in CCR §10109(a)

It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the purpose of the workers’...more

Marshall Dennehey

Workers’ Compensation Appeal Board Did Not Err in Granting Employer’s Petition for a De Novo Hearing to Present After-discovered...

Marshall Dennehey on

Bernice Bennett v. Jeld Wen, Inc. (WCAB); No. 1454 C.D. 2022; filed Oct. 6, 2023; President Judge Cohn Jubelirer (previously unreported and designated reported by Order dated Dec. 15, 2023) - The claimant settled a 2010 work...more

Marshall Dennehey

Although Claimant Cannot Be Working With a Concurrent Employer on Date of Work Injury With Another Employer, the Relationship With...

Marshall Dennehey on

Resources for Human Development, Inc. and Gallagher Bassett Services v. Sherry Dixon (WCAB); No. 494 C.D. 2022; filed Dec. 20, 2023; President Judge Cohn Jubelirer - The claimant sustained an injury on December 29, 2018,...more

Laughlin, Falbo, Levy & Moresi LLP

LFLM LAW with L.A.W - Remote Trials

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Mark Turner, a partner...more

Laughlin, Falbo, Levy & Moresi LLP

Time for the WCAB to Act on Petitions for Reconsideration

Do you have any cases that have been pending on Reconsideration and remain unresolved for what you believe to be an unreasonable period of time? If so, you should be aware that ongoing delays issuing decisions at the WCAB...more

Chartwell Law

Commonwealth Court Agrees Benefits Should Be Terminated When Defendant’s Medical Expert Does Not Specifically Address Accepted...

Chartwell Law on

In an unreported opinion, the Pennsylvania Commonwealth Court has ruled that an employer’s medical expert presented on a pending termination petition does not have to testify that the claimant is fully recovered from a...more

Weber Gallagher Simpson Stapleton Fires &...

Recent Pennsylvania Supreme Court Decision Allows Employers to Pull a TNCP and File a Medical-Only NCP

Nationwide among the claims and risk management community, Pennsylvania is known as being a forms-intensive state. But the Commonwealth just became slightly less forms-intensive with the recent Pennsylvania Supreme Court...more

Goldberg Segalla

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Goldberg Segalla on

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order...more

Laughlin, Falbo, Levy & Moresi LLP

Applied Materials v. WCAB – Physician Misconduct Compensable and Fitzpatrick Affirmed

The Sixth District Court of Appeal recently issued its decision in the matter of Applied Materials v. WCAB. The decision was initially issued as unpublished and the California Workers’ Compensation Institute obtained an...more

Chartwell Law

Pennsylvania Commonwealth Court Decision Highlights the Necessity of Addressing a Changing Injury Description During Termination...

Chartwell Law on

In City of Allentown v. WCAB (Bryant, Jr.) No. 593 C.D. 2020, a recent Pennsylvania Commonwealth Court decision affirmed the WCJs denial of a Petition to Terminate, as employer failed to prove that claimant was fully...more

Chartwell Law

An Overview of Connecticut Workers' Compensation

Chartwell Law on

Chartwell Law's Adam J. Harrison, Esq. and Jamie Spiller Kaplan, Esq. present this informative webinar addressing the fundamentals of Connecticut workers' compensation and cover: • Defining work related injuries, types of...more

Chartwell Law

A General Overview of Maryland Workers' Compensation

Chartwell Law on

Chartwell Law's John T. Huskin, Jr., Esq. and Steve R. Tregea, Esq. present this informative webinar addressing the fundamentals of Maryland workers’ compensation and cover: • What is a compensable claim • Jurisdictional...more

Laughlin, Falbo, Levy & Moresi LLP

The Covid Vaccines: A Panacea for the Pandemic

As we continue to struggle through the COVID-19 pandemic, there may be light at the end of the tunnel, as California continues with its plan for distribution and administration of approved COVID-19 vaccines. As with all...more

Chartwell Law

The Dangers of Untimely Filings – What Employers Need to Know

Chartwell Law on

In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document...more

Haight Brown & Bonesteel LLP

WCAB Declares Intent to Invalidate Administrative Director’s Jurisdiction to Adjudicate SJDV

On January 13, 2020, the Workers’ Compensation Appeals Board (WCAB or Board) issued an en banc affirmation of its July 31, 2018 Opinion and Decision After Reconsideration and gave the California Administrative Director of the...more

Haight Brown & Bonesteel LLP

Bill Collections Fail With Neglect Of WCAB Administrative Directions

In Meadowbrook Insurance Co. v. Workers’ Compensation Appeals Board (WCAB) (DFS Interpreting), No. C088882, November 21, 2019, the Court of Appeal for the 3rd District of California held that an interpreter company’s failure...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

Weintraub Tobin

Things You Hope You Will Never Need to Know: Liability Arising from Serious Workplace Injury

Weintraub Tobin on

Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities. Worker’s...more

Bradley Arant Boult Cummings LLP

All Play and No Work: TN Body Clarifies When Recreational Activities Are Covered Under Worker’s Comp Law

Since the early 1930s, the Tennessee Supreme Court has consistently ruled that an employee’s injury during voluntary recreational activity is not compensable as a work-related accident. However, Tennessee Code Annotated §...more

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