Labor & Employment Administrative Agency Worker’s Compensation

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Sports Law - Feb 25, 2014: Losing Streak: Athletes Seeking Workers’ Comp. In California Suffer Setbacks

Professional athletes seeking to take advantage of California’s historically beneficial workers’ compensation scheme suffered back-to-back defeats to close out 2013. Even as public attention to the long-term effects of...more

Pennsylvania Supreme Court Changes Labor Market Survey Rules

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In...more

Australia’s High Court Denies Employee Worker’s Compensation Claim For Sex Injury

Ruling in a 4-2 decision[1], the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip. The female...more

Case Comment: Penner v. Niagara (Regional Police Services Board), 2013 SCC 19: Did the SCC Flip Flop on Finality?

Can issues that have already been determined by an administrative tribunal in one forum be revisited in another forum? In its earlier decision in British Columbia (Workers’ Compensation Board) v. Figliola, the S.C.C....more

Illinois Supreme Court Extends Mailbox Rule to Judicial Review of Workers' Comp Commission

Last week, in a case which had attracted nationwide interest in the workers' compensation bar, a divided Illinois Supreme Court extended the mailbox rule to the process of initiating judicial review of decisions of the...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

Reality Bites: Know the Law Before Using That Hidden Camera

During the holiday break, I did what many lawyers do (but will publicly deny): I watched a few ”bad” reality tv shows. No, I didn’t watch “Here Comes Honey Boo-boo” (even I have my limits). But on the Food...more

A New Year Brings New Compliance Obligations for Employers

As 2012 winds to a close, a look back at legal developments demonstrates that state legislatures were busy all year long. Every year, employers are inundated with new employment laws and regulations that impose new compliance...more

Has Workplace Safety Increased Or Decreased In New Jersey In The Past Five Years?

When employers keep their workplaces safe, they can hold the line on workers compensation costs. More importantly, their most valuable resource — their employees — remain healthy and productive. ...more

Supreme Court Approves Vacating Prior PTD Award

Summary - In Roy Justice v. West Virginia Office Insurance Commission and Lowe’s Home Centers, Inc., No. 11-0113 (W.Va. Nov. 14, 2012), the West Virginia Supreme Court of Appeals issued a significant decision impacting...more

What You Need to Know: Willful OSHA Violation In New Jersey

According to OSHA, the Occupational Safety & Health Administration, accidental deaths on construction sites are most commonly caused by falls. More importantly, deaths from falls can be prevented with the proper training....more

Employer Handbook: Workers’ Compensation Retaliation

Who, What, Why . . . Who does it apply to: All employers, whether subscribers to workers’ compensation insurance, or not. What is the issue: Employees of businesses that make workers’ compensation claims sometimes...more

Police and Fire Fighters Have Extra Benefits

In Nevada, police officers and fire fighters have additional workers' compensation coverage and benefits for some injuries and illnesses that Nevada employees of other occupations do not have. The laws that are unique to...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

Workers' Compensation Appeals Board Has Exclusive Jurisdiction To Adjudicate Claims For Discrimination Based On Filing A Workers'...

In Dutra v. Mercy Medical Center Mt. Shasta (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 26, 2012), a California Court of Appeal considered whether a lawsuit alleging that an employee had been wrongfully terminated due...more

Federal Court Holds That FLSA’s “Fluctuating Workweek” Method of Overtime Compensation Violates PA Law

In the wage and hour realm, even the most knowledgeable Pennsylvania employers often are unaware of potential compliance pitfalls presented by state law. Like the FLSA, the Pennsylvania Minimum Wage Act (“PMWA”) contains...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

As they say on Project Runway - Make it Work (for you): The Intersection of Work Comp and the Family and Medical Leave Act

This is a BIG topic. You can write volumes, not just a blog post, on the intersection of Work Comp and FMLA. These issues are always complicated by the fact that work comp attorneys and employment law attorneys are like...more

Huntsville business fined for failing to protect workers' safety

As long as workers are living up to the requirements of their jobs, generally, their employers should have their backs. Workers have certain rights that, if neglected, can mean more than an unpleasant work environment....more

Social Security Disability Benefits and Workers’ Compensation Settlements

We are often asked how Social Security Disability benefits are impacted by a workers’ compensation settlement. Many of our clients are concerned that they will lose their right to their social security disability...more

A Willful OSHA Violation Insufficient to Circumvent The Workers' Compensation Act's Bar on Lawsuit Against Employer

The New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to...more

After Metron: The Corporate Criminal Liability Landscape in Canada

On December 24, 2009, at approximately 4:30 p.m., a swing stage collapsed on a construction project at 2757 Kipling Avenue, Toronto. At least six workers were on the stage at the time of the collapse. Five of them fell...more

The Perils of Self-Insurance

Today we continue our previews of the new civil review grants from the May term of the Illinois Supreme Court. In Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund, [pdf] the Court will face questions about the...more

High workplace danger still prevails in many jobs

Every day millions go to work to earn a living, but for some, the risks to their safety and even their lives can be overwhelming. The Bureau of Labor and Statistics recently revealed the most dangerous jobs, where injuries...more

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