Worker’s Compensation Updates

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:
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Of Mice and Manpower: Companies That Lease Employees Cannot Be Self-Insured

In the recent California case of Kimco Staffing Services v. The State of California, the Court of Appeals for the 2nd Appellate District agreed with the lower court that staffing services that provide temporary service...more

How ergonomics can prevent ramp injuries

Air travel is an important part of the American economy. Many business and leisure travelers pack heavy bags full of clothing, gifts and other personal goods. Ramp workers can decrease the risk of injury by handling luggage...more

Merkens v. Federal - Injured Worker Who Failed To Challenge Termination Of Workers’ Comp Benefits In Industrial Commission Cannot...

The court of appeals affirmed. A workers’ compensation carrier can commit the tort of bad faith in two ways: (1) the intentional and unreasonable denial of a claim (“bad faith denial of benefits”); or (2) the intentional and...more

Physician Progress Report: Get one every doctor visit

Following every visit to your authorized treating doctor, be sure to ask the doctor or his assistant for a copy of the doctor’s physician progress report. There is a DIR-approved form that most doctors use, although some...more

Marijuana use may not automatically lead to a workers’ comp claim denial

Medicinal marijuana is now available for some Illinois residents. Recently, recreational use has also been legalized in a few states around the country. These new laws have created tension, as any injured workers lawyer in...more

Injured Workers – Will Claims Cost You Less?

WorkCover New South Wales (WorkCover NSW) has announced the most significant workers compensation premium changes for medium and large employers in New South Wales since the commencement of the current workers compensation...more

Worker awarded WSIB benefits after health and safety officer “grabbed him and threw him to the ground”

In an unusual case, a construction site superintendent has won entitlement to workers compensation benefits after persuading an appeals tribunal that he was assaulted by his employer’s health and safety officer and was not an...more

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

Cancer in Nevada Firefighters

Fire fighters have a law entitling them to workers’ compensation benefits under a law written especially for fire fighters. NRS 617.453 provides for a rebuttable presumption that a cancer is work-related for fire fighters...more

The dangers auto mechanics face

Auto mechanics in Illinois are regularly exposed to unique job-related hazards, and their injury rates reflect this. According to the most recent Bureau of Labor Statistics data available, mechanics suffered over 15,000...more

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015...more

Delay in Calling 911 After Accident Results in Willful OSHA Violation

Last week, the Seventh Circuit Court of Appeals affirmed a willful OSHA citation against an employer that delayed calling for emergency services for 90 minutes after an employee became trapped in a permit-required confined...more

Should I Attend a PPD When I Need More Treatment?

I will be posting one of my readers’ questions regarding permanent partial disability awards each month for all my readers with my response. Here’s this month’s question: Q: I think I need more treatment, but the...more

Compensability of Idiopathic Conditions Under the North Carolina Workers’ Compensation Act

A challenging area of defense of workers’ compensation claims in North Carolina is that of pre-existing or idiopathic conditions. The North Carolina Court of Appeals has recognized and adopted the two definitions of...more

Workplace bullying can lead to long-term employee illnesses

Bullying is not just a problem in schools. It is also a threat to employees in many American workplaces. According to a recent study by the U.S. Workplace Bullying Institute, bullies on the job can cause serious health...more

Protecting health care workers from HIV infection

Health care workers in America face many risks on the job. Doctors and nurses may be exposed to stress, overwork, ergonomic hazards, threats of physical abuse and a wide range of dangerous pathogens....more

Timing and Consistency in Employee Discipline

A recent case decided by the Connecticut Appellate Court illustrates the importance of timing and consistency in administering employee discipline. In Barbee v. Sysco Connecticut, LLC, an opinion released on April 28, 2015,...more

The Oklahoma Option Benefit Plan Follows Texas’ Lead

Previously ranked 5th in the nation for highest worker’s compensation costs, sweeping legislation took effect in Oklahoma on February 1, 2014 that allowed Oklahoma businesses to follow the example of their southern neighbors...more

Can workers’ compensation be granted to a deceased worker’s estate?

A recent Oregon case brings up an issue that may concern Illinois workers. The case, Sather v. SAIF, involves a man who died while in the process of pursuing a workers’ compensation claim. ...more

Sticks and Stones May Break Your Bones but Names Will Never. . .Settle Cases?

Since the mediation regulation passed, I have had the opportunity to act as mediator in many workers’ compensation cases. The skills of the attorneys on both sides in the S.C. Workers’ Compensation bar are truly humbling to...more

NC Court of Appeals Addresses Causation Standard for Workers’ Compensation “Misrepresentation Defense”

As discussed in my previous post, for claims arising on or after June 24, 2011, there is a new misrepresentation defense available to employers facing workers’ compensation claims. An Employer must prove all of the following...more

En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from...

Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015). Ruling en banc, court affirms grant of summary judgment for insurer, adjuster and employer on bad faith claims brought by former...more

Workers’ Compensation Cost Containment for the North Carolina Employer: Effectively Asserting the Misrepresentation Defense

On June 24, 2011, then-Governor Beverly Purdue signed H 709—”Protecting and Putting North Carolina Back to Work Act” into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense...more

Head Trauma Is A Construction Site Risk

The U.S. Department of Labor’s Bureau of Labor Statistics reports that approximately 200,000 construction workers are currently employed in Illinois alone. Construction is both a primary industry in the country, and one of...more

Illinois workers’ compensation reforms lead to lower medical payouts

More than 155,600 Illinois residents were injured on the job during 2013, according to the U.S. Bureau of Labor Statistics. Many of these people required significant medical care during the weeks and months following the...more

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