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Administrative Agency Worker’s Compensation

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

SC court awards Lowe's employee workers' comp disability benefits

by McNair Law Firm, P.A. on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

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

The Absent Commissioner: After a hearing, who may render a decision on the claim?

Bentley v. Jonathan Piner Construction (NC Court of Appeals, 9/20/16) Plaintiff suffered a right eye injury on March 3, 2014, when working on a construction site.? Defendants denied the claim, arguing that plaintiff was...more

Wisconsin Court of Appeals Rejects Labor and Industry Review Commission's Worker's Compensation Determination as Unreasonable

by Ruder Ware on

Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time. In an unpublished...more

Maine Workers’ Compensation Board Appellate Division Rules on Application of Rule 1.1

by PretiFlaherty on

In Nickerson v. Paul’s Marina, App. Div. Dec. No. 16-17, the employee was struck in the head with a beam on May 4, 2010. He reported the injury to a representative of the employer on May 7, 2010. Paul’s Marina contacted its...more

The Aftermath: Developments From The 2016 Session of The Connecticut General Assembly Affecting The Workplace

The 2016 session of the Connecticut General Assembly has just concluded, along with subsequent “special sessions.” Most prominently from an employment law standpoint, the General Assembly passed (and the Governor signed)...more

Maine Supreme Court Rules on Maximum Benefits Payable in the Context of More Than One Injury

by PretiFlaherty on

In Freeman v. NewPage Corporation, 2016 ME 45 (March 31, 2016) the Law Court affirmed an ALJ’s decision that an employee could not be awarded benefits over the maximum compensation rate even if the employee has suffered more...more

Maine WC Board Rules on Apportionment in Context of Gradual Injury

by PretiFlaherty on

In City of Portland v. Moses, WCB App. Div. 16-4 (February 22, 2016) the employee, a firefighter and EMT, alleged a gradual work injury from exposure to traumatic events in the course of employment. From 2002 until 2010 he...more

Maine WC Board Appellate Division Addresses Several Cases Dealing with the Application of the “Retirement Presumption”

by PretiFlaherty on

Under the “retirement presumption” (Section 223 of the Act), an employee who terminates active employment and is receiving nondisability pension or retirement benefits is presumed not to have a loss of earnings as the result...more

Court sets aside portions of Oklahoma's new workers' comp law

by McAfee & Taft on

It has been just over two years since Oklahoma’s completely overhauled workers’ compensation system went into effect. Since then, various provisions have come under attack by employees. Shortly after the effective date, the...more

Is Your Workers Compensation Program Unlawful?

A popular workers compensation insurance program offered by Berkshire Hathaway subsidiaries Applied Underwriters Captive Risk Assurance Company (Applied Underwriters) and California Insurance Company may be in trouble. On...more

CIGA Avoids C&R Lien Obligation At Expense of Co-Defendant

On March 22, 2016, the Second District Court of Appeal, Division One, published its opinion in California Insurance Guarantee Assn. v. Workers’ Comp. Appeals Bd., No. B263869, Cal.App.4th, in which it determined that the WCAB...more

Maine Workers’ Compensation Board Rules on Compensability of Medical Marijuana; Appellate Division to Ultimately Rule on the Issue...

by PretiFlaherty on

In December 2015 the Workers’ Compensation Board Appellate Division heard oral argument in Bourgoin v. Twin Rivers Paper Company, WCB No. 89-01-36-55 (March 16, 2015), a case in which the ALJ found the cost of medical...more

Maine Workers’ Compensation Board Appellate Division to Rule on Compensability of Medical Marijuana

by PretiFlaherty on

In December 2015 the Workers’ Compensation Board Appellate Division will hear oral argument in Bourgoin v. Twin Rivers Paper Company, WCB No. 89-01-36-55 (March 16, 2015), a case in which the WCB found the cost of medical...more

Maine Workers’ Compensation Alert: Maine WCB Appellate Board Rules Vocational Rehabilitation Presumption is Rebuttable

by PretiFlaherty on

In Axelsen v. Interstate Brands Corp., App. Div. Dec. No. 15-27 (October 22, 2015) the Workers’ Compensation Board Appellate Division found the presumption in section 217 of the Workers’ Compensation Act is rebuttable....more

Court Crushes Constitutional Challenge To Independent Medical Review

In Frances Stevens v. Workers’ Compensation Appeals Board, Outspoken Enterprises, Case: A143043 1st District, Division 1, the California Court of Appeal upheld the constitutionality of California Labor Code Section 4610.6...more

Maine Workers’ Compensation Alert: Appellate Division Rules on Compensability of Home Renovations

by PretiFlaherty on

Section 206 of the Maine Workers’ Compensation Act provides: “An employee sustaining a personal injury arising out of and in the course of employment . . . is entitled to reasonable and proper medical, surgical and hospital...more

A Claim Is In the House: What To Do

by Ward and Smith, P.A. on

Our clients take very seriously the legal duty to insure or self-insure for workers' compensation. In the wake of reportage that was critical of everybody involved in the noninsured phenomenon, employers are aware that civil...more

Employer Required to Reimburse Employee For Medical Marijuana Treatment

The Court of Appeals of New Mexico issued a decision last week that many employers believe flies in the face of the Controlled Substances Act, 21 U.S.C. §§ 801 (“CSA”), and the Justice Department’s August 29, 2013 Memorandum....more

California Supreme Court Lowers The AOE/COE Hurdle In Workers’ Compensation

In South Coast Framing, Inc. v. WCAB, Jovelyn Clark, S215637, May 28, 2015, the California Supreme Court clarified a claimant’s burden of proof in obtaining workers’ compensation benefits. In brief, a claimant meets the...more

Merkens v. Federal - Injured Worker Who Failed To Challenge Termination Of Workers’ Comp Benefits In Industrial Commission Cannot...

The court of appeals affirmed. A workers’ compensation carrier can commit the tort of bad faith in two ways: (1) the intentional and unreasonable denial of a claim (“bad faith denial of benefits”); or (2) the intentional and...more

Delay in Calling 911 After Accident Results in Willful OSHA Violation

Last week, the Seventh Circuit Court of Appeals affirmed a willful OSHA citation against an employer that delayed calling for emergency services for 90 minutes after an employee became trapped in a permit-required confined...more

Texas High Court Confirms Exclusivity of Texas Workers’ Compensation Claim Remedy, Even for Alleged “Independent Injuries”

by Wilson Elser on

In a highly anticipated decision, the Texas Supreme Court emphasized its commitment to the exclusive jurisdiction of the Texas Division of Workers’ Compensation Act (Act) to deal with and respond to claims arising out of the...more

Virginia Supreme Court Opinions Affecting Local Government Law: January 8, 2015

by Sands Anderson PC on

Happy New Year! The Virginia Supreme Court issued opinions yesterday, its first term for 2015. This term resulted in cases which, in various ways, deal with the authority of government entities (Workers Compensation...more

Workers' Comp. Alert: Going And Coming Rule Again Narrowed

The California Court of Appeal addressed the scope of the Going And Coming Rule in its decision, Craig Schultz v. WCAB and Joint Test Tactics and Training (JT3), 2015 S.O.S. 99, January 6, 2015....more

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