Worker’s Compensation Updates

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Help! Prevent Terrible Changes to Work Comp

The Nevada legislature meets only every other year, and this year doesn’t look good for the changes that could gut benefits for Nevada’s injured workers. The amendment so many of us committed work comp attorneys hoped would...more

NC Court of Appeals Sets New Precedent for Employers

Yesterday, in a precedent setting opinion, Gonzalez v. Tidy Maids, Inc. et al., the North Carolina Court of Appeals held that when an employer has accepted a claim for benefits by filing a Form 63 and fails to contest the...more

Illinois worker still eligible for workers’ compensation after fired for theft

Disabling accidents are tragically common among warehouse workers in Illinois. According to the Bureau of Labor Statistics, more than 5 percent of full-time warehouse employees suffer a serious workplace injury every year....more

Texas Supreme Court weekly orders (2/15)

No. 13-0484, American Star Energy & Minerals Corp. v. Stowers -- This case involves the statute of limitations for a claim that individual partners must satisfy an unpaid contract debt of the partnership. ...more

Let It Snow

An accident or injury that happens on the commute to work is usually not considered workers’ compensation. A worker is only protected if they have reached the parking lot or the near proximity of their workplace and come...more

Keyboard Options for Injured Workers with CTS or Other Hand Injuries

I asked Laurie Clemens, director of the Professional Institute of Technology & Accounting (PITA)  here in Las Vegas, what keyboard options she has tried when retraining injured workers with hand or arm injuries that make...more

Compensation for injured federal employees

Alabama employees who work for the federal government are covered by the Federal Employees' Compensation Act, a law that governs the conduct of their employer towards them in the case of a work-related injury. Injuries that...more

4 tips on how to handle a workplace injury

In the immediate aftermath of a workplace injury, workers may be shocked and traumatized, worrying about their physical health and the possible future of their families. Employees in Illinois have the right to medical care...more

One work accident; multiple defendants; different substantive laws

The choice of law provisions contained in legislation governing injuries to workers in force across the nation are complex and often difficult to apply. While their purpose is to enable a determination to be made on the...more

Sorry, Honey! What's Mine is Not Yours.

In Iowa, an employer directs medical care in an accepted workplace injury and may lawfully deny treatment unrelated to the injury. In a recent case, Hoyt v. Wendling Quarries and United Heartland, treatment was found...more

Can I see my own doctor if I have suffered a work injury?

According to the U.S. Bureau of Labor Statistics, nearly one in 30 American employees faced a work-related injury or illness in 2012. A workplace accident can be traumatic and disruptive. If you are hurt on the job, Illinois...more

NC Court of Appeals Rules on Industrial Commission’s Jurisdiction

Case: Bowden v. Young, Coastal Plains Restaurant and First Liberty Insurance Corp., COA14-819, 02/17/2015. - On Tuesday, the North Carolina Court of Appeals ruled that the North Carolina Industrial Commission has...more

Employees vs. Independent Contractors: The Consequences of Misclassification

The distinction between independent contractors and employees carries more burdens, consequences, and decisions than ever before. In addition to the tax consequences, there are health care compliance consequences, workers’...more

What can I do if my workers’ compensation has been denied?

It can be an unpleasant shock to discover that your workers’ compensation claim has been denied. As you begin the process of recovering and rebuilding after an accident on the job, it is disturbing to hear a response of “no”...more

Injured Illinois workers and the general duty clause

Workplace injuries are tragically common in America. According to the U.S. Bureau of Labor Statistics, more than 900,000 employees had to miss at least one day of work in 2013 after becoming injured, ill or disabled on the...more

Why Employers Should Think Twice Before Making Employees Play Hurt

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he...more

Due Process Requires the Right to Cross-Examine a Workers' Compensation Applicant

On January 29, 2015, the Court of Appeal, Second Appellate District, ordered the publication of Ogden Entertainment Services v. WCAB (Ritzhoff), (B254082), previously a non-certified opinion that issued on December 31, 2014....more

Illinois workers’ compensation and injuries incurred in another state

As the labor force in America becomes increasingly mobile, out-of-state worker injuries have become a serious issue for many employees. Workers’ compensation law differs from one state to another, making such cases more...more

Workers' Compensation Update: "Economic Circumstances" and "Fellow Employee"

One tool available to employers to limit workers' compensation benefit payments is the so called "fellow employee" limitation. In general, absent a full recovery from a work-related injury, an employer is obligated to pay...more

FMLA Could Save Your Job After Work Injury

If you work for an employer who employs more than 50 employees and you have worked sufficient hours to qualify for FMLA time (29 U.S.C.2601), you may want to ask that any time you are off work for your work injury be...more

Client Alert: Premises Liability Claim Brought by Correctional Officer Not Precluded by Workers’ Compensation Law

In Wright v. State of California (No. A139034, filed 1/30/2015) the First District Court of Appeal held a state correctional officer, who lived on state owned property adjacent to his place of employment, was not precluded,...more

Federal Law Does Not Protect Husband Who Owes More Than $50,000 In Past Due Alimony

In the Pennsylvania Superior Court case Uveges v. Uveges, the Superior Court upheld the trial court's decision to attach the husband's Federal Longshore and Harbor Workers' Compensation Act benefits to pay approximately...more

The Blame Game- Unhealthy Lifestyles and Work Comp

I believe that people are responsible for their actions in life, particularly  decisions they make that affect their own personal health. Although I represent injured people, I may personally disagree with a sensational jury...more

Third-party lawsuits and construction worksite accidents

According to the U.S. Bureau of Labor Statistics, more than 8,000 American employees are injured on the job every day. Some of these injuries are relatively minor, requiring only a short recovery period....more

Illinois Supreme Court Affirms Circuit Court Jurisdiction Over Workers Comp Referral Fee Disputes

The Workers Compensation has broad jurisdiction to award or apportion attorneys’ fees in connection with counsel’s work before the Commission. But what if one of the attorneys didn’t appear before the Commission, and the...more

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