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Labor & Employment Worker’s Compensation

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Employment Law This Week®: NLRB Rulings May Surge, Home Health Pay Dispute, Immigrant Worker Protection Act, Equal Pay Protections

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

Maine Supreme Court Hears Oral Argument in Two Workers’ Compensation Matters Involving Old-age Social Security Offset and Medical...

by PretiFlaherty on

The Maine Supreme Court heard oral argument in two workers’ compensation cases on September 13, 2017. In Victor Urrutia v. Interstate Brands International, WCB 16-524, an Administrative Law Judge ordered that the employer...more

Employment Law This Week®: D.C. Policy Update, Wage and Hour Administrator Nominee, DOL’s 80/20 Rule

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 Release Doesn’t Cover FMLA Claims, Says Third Circuit

On Monday, September 11, 2017, the U.S. Court of Appeals for the Third Circuit held, in a precedent-setting opinion, that a workers’ compensation compromise and release agreement (C&R) did not prevent a former Boscov’s...more

Employment Law This Week®: EEOC Pay Data Collection Requirement, DOL Overtime Rule, Parental Leave Policies, NYS Paid Family Leave...

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

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

by Fisher Phillips on

This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more

Waiving Legal Arguments

In Bentley v. Jonathan Piner Construction, the N.C. Court of Appeals addressed when a legal issue would be deemed waived by a party. The Court also addressed whether an injured worker was an independent contractor or...more

Average Weekly Wage – Fair and Just?

The Ball v. Bayada Home Health Center, __ N.C. App. ___, (2017), decision is a good reminder that N.C.G.S. § 97-2(5) provides five different methods to calculate average weekly wage, depending on the facts and circumstances...more

Total Eclipse of Comp

Examining An Injury Resulting from an Eclipse Under North Carolina Law - On August 21, 2017, many of us in North Carolina looked up at the sun to view the rare phenomenon of a total or near total eclipse. In most...more

Twin City Fire Ins. Co. v. Leija - Workers’ Compenstation Insurer’s Subrogation Lien on Settlement Proceeds Can Be Reduced by...

An injured worker who accepts workers’ compensation cannot sue his employer. If the worker obtains settlement funds from a third party, the workers’ compensation carrier may obtain a lien on that recovery to the extent of the...more

Ohio Makes Significant Changes To Workers' Compensation Laws

by Roetzel & Andress on

Ohio Governor John Kasich recently signed House Bill 27 into law, starting the clock running on several significant changes to Ohio’s Workers’ Compensation statutes. The amendments are effective September 29, 2017....more

How Utah evaluates a worker’s entitlement to PTD benefits

by Kirton McConkie PC on

Have you ever thought about how the word “limit” de­fines our perceptions of and interactions with the world around us? The concept of a “limit” engenders thoughts of a bound­ary, an edge, or an end. When we say something is...more

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

by Jones Day on

On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

Employment Law This Week®: DOL’s RFI on Overtime Rule, NLRA Doesn’t Preempt NYSHRL, SF’s Salary History Law, Pregnant Workers...

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

Employment Law This Week®: Social Media and Solicitation, Washington State’s New Leave Law, Joint-Employer Legislation,...

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

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

by Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

by Foley & Lardner LLP on

Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

A Seemingly Important Win for Wisconsin Worker’s Compensation Insurance Carriers and Employers

by Ruder Ware on

On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative...more

Court Orders Retreat From Workers’ Compensation Apportionment To Non-industrial Causes

Workers’ compensation litigation often is driven by disagreement over the apportionment of permanent disability. A vast body of case law exists reflecting the courts’ efforts to resolve conflicts between the provisions of the...more

Impairment Rating Evaluations Declared Unconstitutional

Over 20 years after Section 306(a.2) of the Pennsylvania Workers’ Compensation Act was enacted, employers will no longer be able to limit partial disability benefits to 500 weeks based on an Impairment Rating Evaluation...more

Employment Law This Week®: Federal Decision on Website Accessibility, Mandatory Class Action Waivers, Sexual Harassment Case...

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

Commission Adopts Administrative Order to Implement Electronic Payment of Compensation

by Collins & Lacy, P.C. on

At the June 19, 2017 Business Meeting of the Full South Carolina Workers’ Compensation Commission, the Commissioners adopted an administrative Order pending changes to the regulations of the Commission to implement the option...more

Employment Law This Week: NLRB’s “Quickie Election” Rules, Layoff Doesn’t Violate FMLA, Plans Exempt from ERISA, Amended...

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

Employment Law This Week: Joint-Employer Guidance Rescinded, NYC’s “Fair Workweek” Bills, ADA and Gender Dysphoria, Philadelphia’s...

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

Maine WC Appellate Division Places Burden on Employee to Prove Unavailability of Generic Prescription Drugs

by PretiFlaherty on

In Belanger v. Miles Memorial Hospital, Me. WCB App. Div. No. 17-23 (May 25, 2017), Miles Memorial Hospital appealed from a decision of an ALJ granting, among other things, an employee’s Petition for Payment of Medical and...more

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