Labor & Employment Worker’s Compensation

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Pennsylvania Magistrate Judge Recommends That Plaintiff’s Claims Be Barred in Their Entirety by Application of the Doctrine of...

In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a Magistrate Judge issued a Report and Recommendation granting an individual disability insurer summary judgment on an insured’s claims...more

Can I see my own doctor for a work-related injury?

According to the Illinois Workers’ Compensation Commission, workers’ compensation benefits represent a valuable safety net for Illinois workers who incur injuries on the job. However, for many such beneficiaries, having the...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

Autoimmune diseases and workers’ compensation

Many people in Illinois, and throughout the United States, suffer from autoimmune diseases. According to the American Autoimmune Related Diseases Association, approximately one in five people in the U.S. suffer from an...more

Virginia Supreme Court Opinions Affecting Local Government Law: September 12, 2014

The Virginia Supreme Court issued opinions Friday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both...more

Illinois lawmakers considering change to workers’ compensation for paramedics

As emergency medical service providers, paramedics in Illinois face numerous hazards in the workplace on a daily basis. The Centers for Disease Control and Prevention reported that in 2011, the most recent year that...more

Ohio Supreme Court says “NO” to Post-Retirement Temporary Total Compensation

On August 27, 2014, the Ohio Supreme court issued its unanimous opinion in State, ex rel. Floyd v. Formica Corp., 2014-Ohio-3614, ruling that where a claimant voluntarily retires from the workforce following an injury, he or...more

South Carolina Supreme Court Finds Workers' Compensation Covers Employee's Injuries Suffered During Kickball Game

Employers seeking to boost employee morale and encourage team building often encourage or require their employees to attend company outings ranging from annual company picnics to softball games. Although companies intend for...more

How does the Illinois Injured Workers’ Benefit Fund work?

According to records kept by the U.S. Bureau of Labor Statistics, Illinois workers experienced more than 155,000 job-related illnesses and injuries in 2013. Every employee who is hurt or becomes ill on the job has the right...more

Will Illinois approve new guidelines for injured workers’ compensation payments?

New legislation proposed in Illinois in 2013 would change the rules of workers’ compensation payments, making it more difficult for some injured workers to receive benefits after a workplace accident. These changes to...more

Kickball Game Organizer Covered When Injured During Game

In a 3-2 decision the Supreme Court reversed the Court of Appeals and the Workers’ Compensation Commission, finding an injury to the organizer of a company kickball game was compensable, although it may not have been for...more

Ohio BWC Agrees to Settle Class Action Lawsuit for Overcharging Employers

Business owners who may be eligible to share in a $420 million class action settlement over inflated premiums charged by the Ohio Bureau of Workers’ Compensation have until Oct. 22 to submit a claim form....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

Don’t Stress, You’re Not Covered: Court Denies Recovery Under Jones Act for Work-Related Stress

The Eleventh Circuit in Skye v. Maersk Line, Ltd. held seamen cannot recover for work-related stress under the Jones Act. Is work-related stress starting to take its toll? ...more

Empire State High: New York Joins Ranks of States Legalizing Medical Marijuana Use. But What Does This Mean For Employers?

New York's Compassionate Care Act, enacted on July 7, 2014, places New York in the company of 22 other states and the District of Columbia who permit the use of marijuana for medical purposes. Important for employers, the law...more

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

July 2014 Monthly Independent Contractor Compliance and Misclassification Update

The leading development this month in the area of independent contractor compliance and misclassification is an Arizona case that deals with a commonplace event – but one that carries with it the potential for unanticipated...more

BSG: Kein Unfallversicherungsschutz bei selbst organisierter Weihnachtsfeier

Arbeitnehmer, die an einer betrieblichen Gemeinschaftsveranstaltung teilnehmen, sind nach ständiger Rechtsprechung als Beschäftigte grundsätzlich in der gesetzlichen Unfallversicherung versichert. Nach einer Entscheidung des...more

Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them. Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to...more

How Not To Train Employees: Stage A Fake Armed Robbery

Ever wonder how your employees would handle a life-threatening situation? Well, four supervisors of the West Kern Water District apparently did. And they didn’t just wonder; concerned about robberies in the area and following...more

Weekly Update from the NC State House - July 2014: The Senate was busy this week with the Rules committee meeting Tuesday,...

This Week - The Senate was busy this week with the Rules committee meeting Tuesday, Wednesday and Thursday mornings to push last minute legislative priorities through the chamber as lawmakers continue to creep towards...more

Does Your Employer Need to Keep You When You Have Permanent Work Restrictions?

Let's assume that you have an accepted workers' compensation claim in Nevada, and that your treating doctor has just released you with permanent work restrictions that would ordinarily prevent you from being hired or going...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

Effective July 1, 2014: New Tennessee Laws

New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring...more

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