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General Business Worker’s Compensation

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

Supreme Court of Kentucky Renders a Game-Changing Decision Potentially Costing Employers and Insurance Companies Millions

by Reminger Co., LPA on

On April 27, 2017, the Supreme Court of Kentucky declared unconstitutional the provision of Kentucky’s Workers’ Compensation Act that terminates income benefits on the date the employee qualifies for normal old-age retirement...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

Utah 2017 Legislative Update – Employment Law Issues

by Payne & Fears on

The 2017 session of the Utah Legislature produced few bills affecting employment law; but two bills recently signed by the Governor and one bill that was not passed this year may have an impact on Utah businesses....more

Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016),...more

NEW UPDATE: Is Your Workers’ Compensation Program Unlawful?

In two previous posts, on April 19, 2016 and June 21, 2016, we reported on the EquityComp workers’ compensation program offered by Berkshire Hathaway subsidiaries Applied Underwriters (Applied) and California Insurance...more

Queensland WorkCover amendments to render contractual indemnities void

by DLA Piper on

It is a serious matter to interfere with the rights of parties to agree between themselves to whatever contractual terms they chose. There is currently a Bill before the Queensland parliament [1] proposing a significant...more

Steps to effectively cancel an insurance policy

The North Carolina Court of Appeals recently released an unpublished opinion further illuminating how insurers can effectively cancel worker's compensation policies. However, nothing in the case limits its application solely...more

Be Uber Prepared To Do Business In The Gig Economy

by Foley & Lardner LLP on

Until recently, the word “gig” had two common meanings: - ..A live music performance; and - ..A long trident used to hunt swamp-dwelling amphibians - However, a noted linguist recently crowned “gig” as the...more

Connecticut General Assembly Addresses Several Employment-Related Bills in Shortened Session

by Shipman & Goodwin LLP on

The “short” session of the Connecticut General Assembly’s biennial term ended on May 4, but there were several employment-related bills that passed in the session’s final days and hours. While most of these bills are still...more

Employment Law This Week: Casino Trainees’ Class Action, Updated FMLA Guide & Poster, OSHA Fine, Mandatory Flu Vaccines Challenged

by Epstein Becker & Green on

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

by Hinshaw & Culbertson LLP on

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict...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

Massachusetts Supreme Judicial Court Approves Equitable Contribution Among Co-Insurers And Rejects “Selective Tender Rule”

by Locke Lord LLP on

The Massachusetts Supreme Judicial Court recently rejected the application of the “Selective Tender Rule” as against Massachusetts law and public policy. On a certified question from the U.S. Court of Appeals for the First...more

Massachusetts Supreme Judicial Court Rejects "Selective Tender Rule" As Exception to Doctrine of Equitable Contribution Among...

by Mintz Levin on

On Monday, March 7, 2016, the Massachusetts Supreme Judicial Court (“SJC”) rejected the “selective tender rule” as contrary to Massachusetts insurance law and sound public policy in Insurance Company of the State of...more

Finding coverage for “additional insured,” Third Circuit cautions that “insurer cannot bury its head in the sand”

by Reed Smith on

Executive Summary - Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that an insurer owed a garage...more

RLA “Minor Dispute” Preemption Alive and Well As a Potential Defense in State Court

by Seyfarth Shaw LLP on

An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines,...more

Just Because You Say It, Doesn't Make It So

by Foley & Lardner LLP on

Many companies in the technology industry pay workers as “independent contractors” or “1099 workers.” In theory, classifying individuals as independent contractors rather than employees can bestow significant economic...more

Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of...more

Employment Law This Week: OSHA Fines, ACA’s Contraception Opt-Out, Illegal Firing, Off-the-Clock Security Screenings

by Epstein Becker & Green on

Episode 5, Week of November 16, 2015 - We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court...more

On The Road Again: Where Does Jurisdiction Lie for a Traveling Employee's Out of State Work Injury?

by McNees Wallace & Nurick LLC on

For companies that employ traveling employees, such as truck drivers, dealing with work injuries sustained by such employees can be challenging, because predicting which state will have jurisdiction over the employee's injury...more

Maine Workers’ Compensation Alert: Board Revises Fee Schedule and Changes Reimbursement Rules

by PretiFlaherty on

The Maine Workers’ Compensation Board has published a new Medical Fee Rule and made revisions to rules regarding reimbursement and expense payments, effective October 1, 2015. The following are some key changes...more

NLRB Says Arbitration Agreement Without Carve-Out for Unfair Labor Charges Violates Federal Labor Law

Last week’s EmployNews reported on efforts by the Equal Employment Opportunity Commission to attack employer-prepared releases because they supposedly do not contain adequate assurances that their terms do not prevent...more

Health Alert (Australia) - September 7, 2015

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australia. High Court 2 September 2015 - AstraZeneca AB v Apotex Pty Ltd AstraZeneca AB v Watson...more

Maine Supreme Court Addresses Employee Misclassification and Workers’ Compensation Coverage Requirements

by PretiFlaherty on

In WCB Abuse Investigation Unit v. Nate Holyoke Builders, Inc., 2015 ME 99 (August 4, 2015), a construction company obtained predeterminations of independent contractor status from the WCB for workers classified as...more

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

by Carlton Fields on

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the...more

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