General Business Worker’s Compensation

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Coverage Options for Employee Asbestos Claims

Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more

California Legislative Update: September 2014

In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On...more

Construction Case Law Update - September #2 2014

FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more

Comcare licensees: Push to lower barriers to entry to the federal WHS system

The Federal Government is proposing to make it easier for businesses to opt out of State and Territory specific work health and safety (WHS) laws and to join the Federal WHS system. The case for self-insurance...more

Be Global - September 2014 (Global Labor & Employment)

Highlights: Australia: No implied term of mutual trust and confidence in Australian employment contracts - In a welcome development for employers, the High Court of Australia has handed down a landmark decision that...more

Leap of Bad Faith: TPAs May Be Sued for Aiding Their Own Actions

Insurers have a duty to process claims in good faith, but sometimes they farm the job out to third-party administrators (TPAs). If the TPA fouls up, many states hold that the insurer is still liable—for its own breach of...more

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

Does the Workers' Compensation Commission Have Exclusive Jurisdiction Over Claims for Referral Fees?

In the closing days of its May term, the Illinois Supreme Court allowed a petition for leave to appeal from a decision of the Appellate Court for the Second District in Ferris, Thompson and Zweig, Ltd. v. Esposito. Ferris,...more

Passing AB 1897 Means Greater Liability for Employers Who Use Labor Contractors

The Issue: Today, many employers rely on labor contractors or temporary employment agencies to sustain their operations. Occasionally, however, labor contractors fail to comply with labor laws and regulations by failing to...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

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

Supreme Court Decision on Departing Employees & Releasing Workers’ Compensation Claims Against Employer

The Connecticut Supreme Court recently released a decision, SC19085 that puts to bed an issue that frequently arises when employers attempt to have departing employees release ALL claims against the company – including...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

California Insurance Laws Enacted in 2013

October 13, 2013 was the deadline for Governor Jerry Brown to act on bills passed by the California Legislature this year. Here are summaries of noteworthy insurance-related bills which Governor Brown signed into law. Unless...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

West Virginia Court Resolves Issues Of First Impression On Insurance Coverage For Delayed Manifestation Claims

I. Introduction - The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims. These...more

Tips for Negotiating Collateral Agreements to Workers’ Compensation Insurance Policies

When purchasing, or considering the purchase of, large deductible (LD) workers’ compensation, auto, and other policies, insurance companies often require the policyholder to post collateral to secure the risk. This collateral...more

Argument Report: What Happens When a Workers' Comp Excess Insurer Goes Bankrupt?

Our reports on the civil oral arguments of the Illinois Supreme Court's November term continue with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. ...more

A TERCEIRA ONDA DO DIREITO DO TRABALHO NO BRASIL

Trata-se de um estudo sobre a atual situação do direito do trabalho no Brasil e suas implicações sobre os resultados financeiros das empresas....more

2012 Workers Compensation Reform In California

Workers Compensation reform is on the way. Cynics might ask, didn’t we do this several years ago? Yes we did. In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more

Hiring Long Lasting Employees

Hiring long lasting employees is of great benefit to a business, even these days when workers are especially mobile, often changing jobs and employers on a regular basis. The old paradigm of workers staying with one...more

California Tightens Restrictions on Referrals of Workers’ Compensation Patients

On August 31, 2012, the California legislature approved Senate Bill 863, which, among other things, added Section 139.32 to the Labor Code. This provision creates a new series of referral prohibitions relating to the...more

OSHA Requirements for Small Business

The Occupational Safety and Health Administration (OSHA) is part of the US Department of Labor. It was created “to assure safe and healthful working conditions for working men and women by setting and enforcing standards and...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

State Supreme Court Extends Workers' Compensation Liability to Subcontractor's Employees

Under the Pennsylvania Workers’ Compensation Act (“Act”), employers are required to maintain workers’ compensation insurance coverage. Generally, the employer’s obligation extends only to maintaining coverage for its...more

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