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Workers' Compensation Update Impairment Rating Evaluations

Last Friday, September 18, the Commonwealth Court issued an interesting decision invalidating Section 306 (a.2) of the PA Workers' Compensation Act dealing with Impairment Rating Evaluations (IREs), as an unconstitutional...more

Supremes Tell States Gay Marriage is Legal

Recently, the U.S. Supreme Court struck down state laws the prohibit gay marriage in Obergfell v. Hodges, No. 14-556 (June 26, 2015), First, the Court held that the Fourteenth Amendment requires a State to license a marriage...more

9th Circuit Throws Lifebuoy to California Drowning In Workers’ Compensation Liens

The United States Court of Appeals for the Ninth Circuit resuscitated a contentious provision of California’s SB 863. In a unanimous decision on June 29, 2015, the court in Angelotti Chiropractic, Inc. v. Christine Baker, et...more

Due Process Requires the Right to Cross-Examine a Workers' Compensation Applicant

On January 29, 2015, the Court of Appeal, Second Appellate District, ordered the publication of Ogden Entertainment Services v. WCAB (Ritzhoff), (B254082), previously a non-certified opinion that issued on December 31, 2014....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

PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in...more

NFL Doctor’s Role in Concussion Lawsuit May Prompt More to Join Litigation

NFL Doctor’s Role in Concussion Lawsuit May Prompt More to Join Litigation by Anthony Caruso on August 21, 2013 NFL doctor, Elliot Pellman, has served players for several years and made critical decisions about whether...more

Labor & Employment E-Note - August 15, 2013

In This Issue: - NLRB Rulings in Limbo as High Court Reviews Recess Appointments - New Labor Board Members Likely to Help Employers with Disputes - NLRB Says Social Media Restrictions Could Violate Labor Law -...more

Labor & Employment E-Note - March 14, 2013

In This Issue: - ALERT: USCIS INTRODUCES NEW FORM I-9 - OFCCP Moving to Broader Investigations into Pay Bias - High Court to Consider U.S. Steel Workers' Compensation Case - NLRB Rulings Questioned After Board...more

Fee reimbursement schedule upheld, statute of limitations on Second Injury claims: S.C. WORKERS’ COMP UPDATE

The South Carolina Supreme Court has issued two significant workers’ compensation opinions in the past week and a half. Fee Schedule Upheld In the first case, the Court reversed the determination of a circuit court that...more

Heater v. Impro

Defendant's Memorandum of Law in Support of Motion for Summary Judgment

Brief I filed supporting Motion for Summary Judgment (with names changed and certain confidential information removed)...more

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