Civil Remedies Labor & Employment Worker’s Compensation

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Ohio BWC Agrees to Settle Class Action Lawsuit for Overcharging Employers

Business owners who may be eligible to share in a $420 million class action settlement over inflated premiums charged by the Ohio Bureau of Workers’ Compensation have until Oct. 22 to submit a claim form....more

No Workers' Comp Immunity! No Insurance! Sure Is a Problem

In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally...more

Florida Court finds Workers' Compensation Statute Unconstitutional

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

Effective July 1, 2014: New Tennessee Laws

New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring...more

Illinois Supreme Court to Decide Whether State Treasurer Needs an Appeal Bond to Challenge Workers Comp Award

Although Illinois courts are courts of general jurisdiction presumed to have subject matter jurisdiction, this presumption doesn’t apply to workers’ compensation proceedings. Pursuant to Section 19(f)(2) of the Workers’...more

San Allen Decision on Ohio BWC Group Rating Affirms Trial Court

The Ohio Bureau of Workers’ Compensation’s appeal of a Cuyahoga County judge’s decision awarding $860 Million in damages to a class of employers has been rejected by the Court of Appeals. “Reduced to its irreducible essence,...more

U.S. Tax Court Decision Shows Importance of Carefully Drafting Settlement Agreements

In Sharp v. Commissioner, the United States Tax Court once again demonstrated the importance of carefully crafting settlement agreements and reaffirmed that emotional distress damages are taxable income to the recipient....more

Part 3 of 3: Biggest Disadvantage to “Opting Out” of Texas Workers’ Compensation System

The biggest reason most employers elect to provide workers’ compensation benefits is to avoid the risk of litigation. An employer who provides workers’ compensation benefits to injured workers cannot be sued by the employee...more

Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute

This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana...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

Saskatchewan Trial Court Awards Record Punitive Damages for Insurer Bad Faith

A Justice of the Saskatchewan Court of Queen’s Bench has assessed punitive damages totalling $4,500,000 against two insurers in a recent trial decision, Branco v. American Home Assurance et. al., 2013 SKQB 98. In rendering a...more

Alabama Construction Worker Awarded $1.7 million For Injuries

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

Injured Worker Unable To Return To Workplace Awarded $1.05 Million

It is not unheard of for a workplace injury, either from an isolated incident or due to repetitive stress, to mean that a worker in Alabama is no longer able to continue with their position or any other position. Obviously,...more

Shipbuilders Council of America and OSHA Settle Lawsuit, OSHA Issues First Interpretation Letter for Shipyard Industry on Subpart...

On August 1, 2011, the Occupational Safety and Health Administration’s (OSHA) standards for General Working Conditions in Shipyard Employment (1915, Subpart F) became effective. These standards included requirements covering...more

EmployerLINC.com - January 15, 2013: Psychological injuries without physical injuries are not compensable

In some cases, employees who have suffered an emotional or psychological injury in the course of their job may seek benefits under Oklahoma’s Workers’ Compensation Act. However, a recent Oklahoma Court of Civil Appeals...more

Malfunctioning Dump Truck Instantly Kills Alabama Worker

A horrific New Year's Eve workplace accident has left one family in east Alabama completely devastated following the death of their loved one. The Occupational Safety and Health Administration will likely lead an...more

Court Rules That Ohio Bureau Of Workers' Compensation Overcharged Non-Group Rated Employers

After a long bench trial which began on August 20, 2012, Judge Richard McMonagle recently issued his decision in an important class-action lawsuit. The suit was brought on behalf of certain employers doing business in Ohio,...more

Court Rules in Favor of Employers in Class Action Group Rating Case

The decision is in and the employers won. Judge Richard McMonagle decided the Bureau of Workers’ Compensation (“BWC”) overcharged employers who did not participate in group rating from 2001 to 2009. Many of those could now...more

Pay me once, pay me twice, pay me thrice?

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

When Is a Workers Comp Claim Not a Workers Comp Claim?

Our preview of the civil cases on the Illinois Supreme Court's November oral argument docket continues with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. ...more

Can You Sue a Co-Worker for Negligence Following an On-the-Job Injury?

The Georgia Supreme Court recently issued a very interesting decision about your right to sue a fellow employee for pain and suffering damages when the negligent act occurred at work and you are otherwise covered by workers...more

Supreme Court Defines Scope of "Power Press" Exception to Work Comp Exclusive Remedy Rule

In its August 20, 2012 decision in LeFiell Manufacturing Company v. Superior Court, the California Supreme Court held that an injured employee’s spouse is not allowed to pursue a claim for loss of consortium in the employee’s...more

Assaulted by Stranger, Bus Driver Wins WSIB Benefits: He did not “Participate in a Fight”

The Ontario Workplace Safety and Insurance Appeals Tribunal has awarded workers’ compensation benefits to a bus driver who was assaulted by a stranger in a parking lot on a paid break. The worker was returning to his bus...more

Can my employer terminate me for filing a Workers’ Compensation Claim?

It is important to know that if you are hurt on the job, you have an absolute right to file a claim for benefits under the Illinois Workers’ Compensation Act. The injured worker should not fear a repercussion from the...more

DIR Complaints Are Insufficient Remedy

In 1995, the Nevada legislature passed a law, NRS 616D.030, that injured workers could no longer sue workers' compensation insurers or the third-party administrators who handle comp claims .Injured workers had been filing ...more

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