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Civil Procedure Worker’s Compensation

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Impairment Rating Evaluations Declared Unconstitutional

Over 20 years after Section 306(a.2) of the Pennsylvania Workers’ Compensation Act was enacted, employers will no longer be able to limit partial disability benefits to 500 weeks based on an Impairment Rating Evaluation...more

Maine WC Appellate Division Places Burden on Employee to Prove Unavailability of Generic Prescription Drugs

by PretiFlaherty on

In Belanger v. Miles Memorial Hospital, Me. WCB App. Div. No. 17-23 (May 25, 2017), Miles Memorial Hospital appealed from a decision of an ALJ granting, among other things, an employee’s Petition for Payment of Medical and...more

Power to Calculate A Lien: What Court Has Jurisdiction to Determine a Subrogation Lien?

In Murray v. Moody, 797 S.E.2d 365 (N.C. Ct. App. 2017), a Wilson County Superior Court entered an “Amended Final Judgment” expressly provided judgment for a lien on damages that a jury awarded in a civil suit in favor of the...more

Louisiana Court Holds Employer Responsible for Failing to Protect Employee From Off-Duty Threat of Violence by Coworker

A Louisiana appellate court has ruled an employee may sue her employer for negligence for injuries sustained on the job when the injuries resulted from a dispute that began outside of work. The case is particularly...more

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

Putative Class Action Involving A Patented Reinsurance Arrangement For Workers’ Compensation Coverage Largely Survives Dismissal

by Carlton Fields on

The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York. ...more

Ohio Supreme Court Narrows Voluntary Abandonment Defense

by Reminger Co., LPA on

Ohio’s workers’ compensation system is a no-fault system arising from a mutual compromise between employers and injured workers. The system protects employers from personal injury lawsuits from injured workers and provides a...more

Workers’ Comp Board Appellate Division Addresses Various Issues Relative to Occupational Disease Cases

by PretiFlaherty on

The widow and estate of the decedent appealed a decision denying a Petition to Order Payment under Rule 1.1 in an occupational disease case. Rule 1.1 requires that, within 14 days of notice or knowledge of a claim to...more

When Does Permissible Communication Become Impermissible Information In AME Contacts?

On January 23, 2017, the Workers’ Compensation Appeals Board issued its first en banc decision since April 2016. In Bradley Maxham v. California Department of Corrections and Rehabilitation, ADJ3540065, the Board clarifies...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

by Roetzel & Andress on

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...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

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

by Stoel Rives LLP on

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

UIM Carrier has Standing to Seek Determination of Workers’ Comp Lien

In the recent case of Dion v. Batten, No. COA16-63, 2016 WL 4088417 (N.C. App. Aug. 2, 2016), the North Carolina Court of Appeals held for the first time that an underinsured motorist (UIM) carrier has standing to seek a...more

Use a Third Party Claim as Leverage to Get Your Workers’ Compensation Claim CLINCHERED

by Collins & Lacy, P.C. on

If an employee was injured in the course and scope of employment because of a third party, the employer/carrier has a lien against proceeds the employee receives from the third party. For example, if your employee was driving...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

CT Supreme Court Permits a Workers' Compensation Insurer to Sue Third Parties for Reimbursement

by Murtha Cullina on

In a decision to be officially released on September 27, 2016, the Connecticut Supreme Court holds that a workers’ compensation insurer can maintain an equitable subrogation claim against third-party tortfeasors to recover...more

Tort reform, apportionment and immunity

by Reminger Co., LPA on

Applying Ohio’s tort reform legislation to a situation where a non-party is immune from the tort liability in issue has resulted in contradictory holdings. This article originally appeared in the 2016 September/October...more

Supreme Court Reaffirms Workers Compensation Exclusivity

Workers compensation has been described as a bargain in which an employee who has suffered a workplace injury relinquishes potentially large common-law tort damages in exchange for relatively quick and certain compensation...more

Constitutional Rights vs. The Exclusive Remedy Doctrine

by Collins & Lacy, P.C. on

The Workers’ Compensation Act evolved from what is often called the “Grand Bargain.” Injured workers cannot sue their employers for work-related injuries in exchange for a no fault system in which the injured worker does not...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

Where Does a Third Party “Stand” on Liens?

Dion v. William Robert Batten, Sr. (8/2/16) Facts and Procedural History: Plaintiff was employed by Neuwirth as a servicing agent. In the course and scope of his employment with Neuwirth, he was involved in a car...more

Proof of Workplace Injury Not Required for Workers’ Compensation Retaliation Claim in Ohio

by Jackson Lewis P.C. on

Proof of a workplace injury is not required to state a prima facie claim of retaliatory discharge under Ohio’s workers’ compensation statute, the Ohio Supreme Court has ruled, resolving a split among the Ohio Courts of...more

Front Pay & Back Pay: How About No Pay?

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility.  Shortly thereafter,...more

Case Law Update: Rainey v. City of Charlotte

Rainey v. City of Charlotte (5/17/16) - This case the North Carolina Court of Appeals analyzed N.C. Gen. Stat. §97-58 and the statutory time limit to file an occupational disease. The Court dismissed an injured worker’s...more

Employment Law Letter - Summer 2016

by Shipman & Goodwin LLP on

Last year the General Assembly enacted legislation prohibiting all public and private sector employers from disciplining an employee for “discussing the amount of his or her wages [or] inquiring about the wages of another...more

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