Worker’s Compensation Updates

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Workers' Compensation Board Appellate Division Updates

Handicapped-accessible housing as a "physical aid" under 39-A M.R.S. § 206(8) - In Chapman v. VIP, Inc., Me. WCB App. Div. No. 14-9 (March 10, 2014), at issue was the payment of rent premium due to an asserted need for...more

Nevada Workers Compensation: Hearings and Appeals Overview [Video]

Nevada workers compensation law attorney, Virginia Hunt, gives you an overview of the hearing and appeals process. Related links: Appeals - Virginia's...more

Arbitration Clause In Agreement Between Insured And Reinsurer Held Invalid Under Nebraska Law

A federal district court has held an arbitration clause in a Reinsurance Participation Agreement (RPA) between an insured and a reinsurer invalid and unenforceable under governing state law. The RPA complemented a standing...more

Legislative Update Report No. 2014-07

In This Issue: - Federal Government - Alberta - British Columbia - Manitoba - New Brunswick - Newfoundland - Northwest Territories - Nova Scotia - Nunavut - Ontario - Prince Edward...more

Repetitive Injuries And Workers’ Compensation

A person does not have to have an accident or suffer some trauma in order to sustain an injury. There is a large group of medical conditions, known as repetitive injuries, which are the result of the wear and tear on the body...more

Obtaining Workers’ Compensation For A Mental Illness In Illinois

A mental illness is a disease that causes mild to severe disturbances in a person’s thoughts and behaviors. There are over 200 types of classified mental illnesses. ...more

Watch What You Post on Facebook When Injured

Think twice about posting those photos of you playing softball at your family reunion last weekend if you have an open workers' compensation claim. Your Facebook photos or Twitter posts about what you are doing could be...more

Options for Employees Who Suffer On-the-Job Injuries

There is not a one-size-fits-all solution for recovering compensation after a workplace injury or illness. In fact, an injured worker often has a combination of options. - Workers’ compensation insurance -...more

What to Expect within the First 30 Days: Nevada Workers Compensation [Video]

Nevada workers compensation law attorney, Virginia Hunt, informs you of what to expect within the first 30 days of your NV workers comp claim. Related links: Right to Choose Your Doctor - Virginia's...more

Failed To Register With WSIB? New “Voluntary Registration” Policy May Provide Mercy

Ontario’s Workplace Safety and Insurance Board has issued a new policy showing when the WSIB will punish – or show mercy to – employers that are required to register with the WSIB but have not done so....more

Representing Yourself at Hearings on Your Nevada Comp Claim

For those people who want or who must represent themselves at the first level of hearings, you need to read the Rules of Practice. These are the rules that the hearing officers expect attorneys and hearing advocates to know...more

Court of Appeals Reverses Commission’s Order that Claimant did not have Radiculopathy

The S.C. Court of Appeals reversed the hearing commissioner, and appellate panel, and concluded that an injury to a claimant caused radiculopathy (contrary to the Commission’s finding), and therefore claimant could pursue a...more

California Supreme Court To Consider Causation in Workers Comp for Medication-Related Injuries

In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing poses...more

The Construct - March 2014

In This Issue: - Green Law Corner: What LEED v4 Means for You - Deliberate Intent: Beyond Workers' Compensation and Into the Assets of Your Business - EPA Approves the New Phase I Standard -...more

Employer’s Notice Of Controversion (LS-207) Does Not Eviscerate Holding Of Andrepont

The United States Court of Appeals for the Fourth Circuit, in Lincoln v. Director OWCP (Ceres Marine Terminals, Inc.) No. 13-1594 (March 11, 2014), was recently asked to address the effect of the employer filing a notice of...more

Low Back Pain: Work-Related or Not?

Most people, excluding lawyers, are likely to tell you that it is an obvious fact that strenuous activity involving load on the back in occupations with heavy lifting, twisting, bending, and carrying will cause more back...more

Commissioners’ Top 10: Inside tips about hearings

At the SCWCEA 35th Annual Medical Seminar, the South Carolina Workers’ Compensation Commissioners had an opportunity to share their top ten hearing requests and tips with attendees. Here are a few that may be of use to...more

Recent Legal Decisions Prove That Your Experience Modification Rate Matters More Than Ever

Some contractors no doubt experienced sticker shock when their most recent workers’ compensation audit came back with a higher-than-expected Experience Modification Rate, or EMR, that raised their insurance premium despite...more

Emailed Forms now Accepted at the SCWCC

You can now file your Forms 15, 17, 18, 19, and 20 via email to the SCWCC. This new system should save you time and money. ...more

Nevada Workers' Comp and Social Security Disability

I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers' compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general...more

Sports Law - Feb 25, 2014: Losing Streak: Athletes Seeking Workers’ Comp. In California Suffer Setbacks

Professional athletes seeking to take advantage of California’s historically beneficial workers’ compensation scheme suffered back-to-back defeats to close out 2013. Even as public attention to the long-term effects of...more

Grievance Process Killed Retaliation Claim

A recent decision on a Workers Compensation retaliation claim shows a hidden value for employer-union grievance processes. In Macon v. UPS, No. 12-3080 (10th Cir. February 19, 2014), the plaintiff claimed that when he...more

Can I Hire a Lawyer After I Get My PPD Rating?

Yes, you may. Just make sure that you are getting experienced guidance and good value for paying an attorney fee at this late stage of the claim, and be aware that attorneys’ fees will differ from one attorney to the next on...more

Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight...more

Maximum Weekly Benefits For New Jersey Unemployment, Temporary Disability And Family Leave Insurance, And Workers’ Compensation...

Effective January 1, 2014, the maximum weekly benefit for individuals eligible to collect unemployment insurance increased from $624 to $636; the maximum weekly benefit for state plan temporary disability and family leave...more

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