Worker’s Compensation Updates

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

South Carolina has a New Medical Services Provider Manual for the First Time in Five Years!

The South Carolina Workers’ Compensation Commission publishes two sets of policy and procedure manuals, commonly referred to as fee schedules, for the cost of providing medical care to injured workers. One schedule is for...more

When Going to Work is Work: McMorris v. New Haven and the Workers’ Compensation Act

Generally speaking, our workers’ compensation laws provide certain benefits for injuries arising out of or in the course of employment. Certain employees (police officers and firefighters) are referred to as “portal to...more

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the...more

Commonwealth Court Expands the Scope of Good Samaritan Amendment to the Workers’ Compensation Act

In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment,...more

Do Contract Workers Qualify for Workers’ Comp Claims?

American workers increasingly labor away in an independent contractor environment. Much controversy surrounds this, largely due to often-diminished compensation and the union-busting nature of how it is implemented. In San...more

DIR Conference Oriented Toward Insurers

The fifth annual Division of Industrial Relations Workers’ Compensation conference, held on August 19 and 20, 2015, was attended mostly by people servicing employers , insurers,  and third-party administrators in the workers’...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

Getting benefits after you win your case

I have a lot of information on my website, blog posts, and Youtube videos for those injured workers in Nevada who want to represent themselves at hearings.  But it appears that I haven’t addressed an important topic for those...more

Zurich Insurance Decision Underscores Need for Caution in Regulatory Compliance

A recent trial court decision in the Federal District Court demonstrates the importance of taking a conservative approach to regulatory compliance. Zurich Insurance v. Country Villa Service Corp involved esoteric questions...more

Where Does an Airline Employee File a Workers’ Comp Claim if an Injury Occurred While Traveling?

Turbulence in flight might make passengers nervous. But for flight attendants, it can be the cause of serious injury that may ground them for months or years, sometimes ending their careers. A survey of accidents by...more

New Jersey Superior Court Has Concurrent Jurisdiction to Decide Employment Status Under Workers’ Compensation Act, New Jersey...

The New Jersey Supreme Court recently held that the Superior Court of New Jersey has concurrent jurisdiction with the New Jersey Division of Workers’ Compensation to adjudicate a worker’s employment status for purposes of...more

Would a Contagious Disease Contracted at Work Qualify for Workers’ Comp in Illinois?

The Ebola scare of 2014 alerted many workers to the worries of contagious and sometimes deadly diseases present in healthcare facilities. This was of greatest concern to emergency medical technicians – ambulance personnel –...more

When Are Work Injuries Sufficient to Qualify for Workers’ Compensation?

In Illinois, there is some uncertainty for the future of workers’ compensation claims due to efforts by the new governor to toughen requirements for workers to prove they are eligible for benefits. The state legislature is...more

Do Contract Workers Qualify for Workers’ Comp Claims?

Non-employees working on a company site are covered for workplace-related claims. But it’s important to seek medical care from the employer’s provider. American workers increasingly labor away in an independent...more

First Formal Bullying Finding Highlights Scope of Potential Orders

The Fair Work Commission has handed down the first formal bullying decision since its anti-bullying jurisdiction commenced in January 2014. Factual background: The recent decision of C.F. [2015] FWC 5272 (5...more

25 Years of the ADA: Five Tips for ADA Compliance

Last week – July 26, 2015, to be precise – marked the 25th anniversary of the passage of the Americans with Disabilities Act. The anniversary kicked off celebrations of, according to the U.S. Department of Justice, the...more

Lump Sum PPD Awards Not RIght in Nevada

Question: Why is the PPD lump sum so much less than the total installment amount? Answer: An injured worker may take up to a 25% whole person permanent partial disability award in a lump sum reduced to present value...more

Insurance Recovery Law - July 2015 #3

Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more

Queensland Workers' Compensation Bill Will Remove the Current Impairment Threshold for Injured Workers

If passed by the Queensland Parliament, the Workers' Compensation Amendment Bill 2015 (QLD) (Bill) will remove the previous Liberal National Party Government's limitations on an injured worker's entitlement to commence a...more

Guide To Doing Business in New Zealand: Employment Laws (Updated)

EMPLOYMENT LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Terms and conditions of work performed by employees in New Zealand are governed by: • Legislation governing employment terms and working conditions,...more

Employer Required to Reimburse Employee For Medical Marijuana Treatment

The Court of Appeals of New Mexico issued a decision last week that many employers believe flies in the face of the Controlled Substances Act, 21 U.S.C. §§ 801 (“CSA”), and the Justice Department’s August 29, 2013 Memorandum....more

Airplane cabin cleaners often exposed to dangerous substances

According to the Federal Aviation Administration, more than 85,000 flights take off and land in America every day. Commercial airplanes often fly multiple times per day, carrying many loads of passengers. Like hotel rooms,...more

West Virginia's Amended Deliberate Intent Statute

For a number of years, W. Va. Code § 23-4-2 (commonly known as the deliberate intent statute) has provided employees with work-related injuries an avenue to circumvent the workers' compensation immunity afforded to West...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

New Nevada Supreme Court Decision on Suing Contractors

Employers who comply with Nevada law by purchasing workers’ compensation insurance are protected from lawsuits for personal injuries brought by injured workers. The injured worker’s exclusive remedy when the accident is...more

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