Worker’s Compensation Updates

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:
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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

Workers’ Compensation Act Applies to UC Claims

In a case of first impression, the Pennsylvania Commonwealth Court recently issued an opinion examining the standards applicable to a claimant’s behavior when the claimant is receiving workers’ compensation benefits and has...more

9th Circuit Throws Lifebuoy to California Drowning In Workers’ Compensation Liens

The United States Court of Appeals for the Ninth Circuit resuscitated a contentious provision of California’s SB 863. In a unanimous decision on June 29, 2015, the court in Angelotti Chiropractic, Inc. v. Christine Baker, et...more

Appellate Court Notes

- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

Utilizing the Misrepresentation Defense: Practical Tips for Employers

Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management. An employer can plead the affirmative...more

Court Finds Marginal Relevance Not Enough to Compel Continued Discovery (Arizona)

Miller v. York Risk Servs. Grp., 2015 WL 3490031 (D. Ariz. June 3, 2015). In this worker’s compensation case, the plaintiffs moved to compel the defendant to produce Independent Medical Examination (IME) reports,...more

Nevada Work Comp Benefits for Injuries after 7/1/15

Nevada employees whose work-related accident or occupational illness occurs after 7/1/15 are entitled to receive the lesser of 2/3 of their actual average monthly, or 2/3 of the state maximum average monthly wage of...more

Understanding Workers’ Compensation Mental Injury Claims: Part 3

In Part 1 of this post, we explored the three types of work related mental injury claims addressed by the Pennsylvania Workers’ Compensation Act. In Part 2, we discussed how courts are increasingly easing the burden of...more

Nonprofit Volunteers: We’ll work for free … unless we get hurt

If your company is a nonprofit or has a nonprofit foundation, are you covered if something happens to your volunteers while they’re engaged in service to your organization? The concern is real. There were 287 fatal...more

Understanding Workers’ Compensation Mental Injury Claims: Part 2

In Part 1 of this blog post, we explored the three legal classifications of potentially work related mental injury claims addressed under the Pennsylvania Workers’ Compensation Act: physical/mental, mental/physical, and...more

It’s Time We Finally Do Something About §42-1-580

My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there...more

Understanding Workers’ Compensation Mental Injury Claims: Part 1

Mental injury claims, often stemming from workplace stressors, are on the rise and can create major headaches for employers. Understanding the relationship between stress in the workplace and resulting mental and physical...more

A Reminder to Employers That FLSA Claims Cannot Be Waived in Most Circumstances

When an employer signs a general release of claims with a former employee, it expects that the agreement and the consideration provided will prevent future legal claims. However, certain actions, such as Workers’ Compensation...more

Tex. Sup. Court Clarifies the Duties of a Non-Subscribing Employer in the Face of Known Dangers

Late last week, the Texas Supreme Court clarified duties of employers for premises defects and declared that they have multiple duties to invitees/employees who come onto their property facing known dangerous...more

Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

Stay safe while operating a baggage tug with these 5 tips

According to the U.S. Bureau of Labor Statistics, there are 7.5 cases of nonfatal occupational injuries per every 100 employees in the air transportation industry. The agency reports that 5.5 of those cases will result in...more

Texas Supreme Court Clarifies Employer Liability on Obvious Risk in Workplace Injuries

It's not too often that we hear of an employer being able to escape liability for a workplace injury, where the injury does, in fact, happen to an employee and it happens in the workplace. Below, we'll discuss a case where an...more

Should Your Business Have to Pay Workers’ Compensation Temporary Disability to an Employee Who Was Terminated for Cause?

Employers should be cautious when terminating an employee on light duty restrictions as the result of a work accident. Pursuant to Section 42-9-260, when an employee is out of work due to a reported work-related injury or...more

Alabama Supreme Court Reverses Arbitration Award Where Arbiter Failed To Make Required Disclosures

In a case involving a dispute between a not-for-profit corporation administering a self-insured group workers’ compensation fund and their investment advisor and broker-dealer, the Supreme Court of Alabama granted the fund’s...more

California Insurance-Related Bills Meet Deadline for Passage in 2015

The deadline for Assembly bills to be passed by the California Assembly and for Senate bills to be passed by the California Senate was June 5. Bills that met the deadline are eligible for enactment this year. Bills that...more

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