Alternative Dispute Resolution (ADR) Worker’s Compensation

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July 2014 Monthly Independent Contractor Compliance and Misclassification Update

The leading development this month in the area of independent contractor compliance and misclassification is an Arizona case that deals with a commonplace event – but one that carries with it the potential for unanticipated...more

Arbitration Clause In Agreement Between Insured And Reinsurer Held Invalid Under Nebraska Law

A federal district court has held an arbitration clause in a Reinsurance Participation Agreement (RPA) between an insured and a reinsurer invalid and unenforceable under governing state law. The RPA complemented a standing...more

The Construct - March 2014

In This Issue: - Green Law Corner: What LEED v4 Means for You - Deliberate Intent: Beyond Workers' Compensation and Into the Assets of Your Business - EPA Approves the New Phase I Standard -...more

Arbitration Agreement Awarding Fees To Prevailing Party In FLSA Case Held Not Enforceable By Florida’s Second DCA

Florida’s Second District Court of Appeal recently held that an arbitration agreement was unenforceable in the context of a claim brought under the federal Fair Labor Standards Act (FLSA) when the agreement provides for an...more

Arbitrator May Not Award Damages For Workplace Injury Where Worker Entitled To WSIB Benefits

An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain damages through arbitration, a labour arbitrator has decided. ...more

Keeping The Jury At Bay: Workers' Compensation Retaliation Claim Is Subject To Arbitration

A workers' compensation retaliation claim must be arbitrated under the parties' arbitration agreement, according to a recent decision by Florida's Second District Court of Appeal, Audio Visual Innovations, Inc. v. Spiessbach...more

Governor signs legislation overhauling workers’ compensation system - Eliminates court-based system; employers now have choices

Today is a historic day for employers in the State of Oklahoma. Governor Mary Fallin signed legislation eliminating the current court-based workers’ compensation system and replacing it with a system that gives employers...more

Employment Law Newsletter: April 2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

Fenwick Employment Brief - November 2012

In This Issue: - Court Refuses To Force Human Resources Director To Arbitrate Dispute Despite Misrepresentations That She Had Signed Arbitration Agreement - California Employers Allowed To Round Employee Time To...more

California Net Verdict Calculator for the iPad

One of my first posts on this blog discussed all the complications involved with calculating a verdict in California for personal injury cases, especially when a workers’ compensation lien and/or prior settlement must be...more

Can a Tennessee Titan Seek Workers' Comp in California?

Football is a violent game, and many of the warriors who play it professionally find their careers cut short by brutal injuries. Even those players who are able to complete an entire career without incident may find...more

Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules

In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its...more

Fenwick Employment Brief - March 13, 2012

In this issue: Attack On Outside Sales Exemption Could Not Be Litigated As Class Action; Individual Supervisor May Be Liable For Fmla Violation; NLRB New Poster Regulation Upheld In Part; New FMLA Regulations Expand Scope...more

I’ve been released from care with permanent restrictions and I can’t go back to work in my previous job. Do I still get paid...

If your employer cannot accommodate your restrictions, then yes you would continue to be entitled to benefits under the Act. These benefits are called Maintenance benefits. These are different than temporary total disability...more

Why It Pays to "Visualize an Injury" for Mediation or Trial

In litigation, it’s one thing to talk about an injury in dry medical terms, and quite a different and more powerful thing to show what actually happened anatomically at the time of injury. In a personal injury case, attorneys...more

Illinois Court on Admissibility of Economist’s Testimony in Workers’ Compensation Case

In a recent Appellate Court of Illinois, First District decision, United Airlines v. Workers’ Compensation Commission, No. 1-09-2966WC, at issue was whether the lower court properly upheld the adoption of the decision of...more

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