Worker’s Compensation Updates

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Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them. Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to...more

SCWCC Announces New Judicial Director

The South Carolina Workers’ Compensation Commission (SCWCC) has named Amy Bracy as Judicial Director effective August 1, 2014. Bracy replaces long time Judicial Director Virginia “Ginger” Crocker....more

How Not To Train Employees: Stage A Fake Armed Robbery

Ever wonder how your employees would handle a life-threatening situation? Well, four supervisors of the West Kern Water District apparently did. And they didn’t just wonder; concerned about robberies in the area and following...more

Temporary Partial Disability Benefits under Nevada Law

Temporary partial disability benefits (TPD) are benefits that may be payable under the following circumstances - 1. You are working a temporary light duty job at a lesser wage because your duties are different, or you...more

Governor Haley appoints Mike Campbell as Interim Commissioner

Governor Nikki Haley is appointing Mike Campbell to the South Carolina Workers’ Compensation Commission to fill the vacancy left by Commissioner Andrea Roche. Commissioner Roche announced her resignation and decision to...more

Employee Fraud in Workers’ Compensation

Thinking about committing fraud is hopefully and most likely the last thing on a claimant’s mind when navigating the frustratingly tricky waters of workers’ compensation in New York. However, even someone with a legitimate...more

Weekly Update from the NC State House - July 2014: The Senate was busy this week with the Rules committee meeting Tuesday,...

This Week - The Senate was busy this week with the Rules committee meeting Tuesday, Wednesday and Thursday mornings to push last minute legislative priorities through the chamber as lawmakers continue to creep towards...more

Does Your Employer Need to Keep You When You Have Permanent Work Restrictions?

Let's assume that you have an accepted workers' compensation claim in Nevada, and that your treating doctor has just released you with permanent work restrictions that would ordinarily prevent you from being hired or going...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

Effective July 1, 2014: New Tennessee Laws

New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring...more

A Beach Vacation from the Longshore Act

In an unpublished per curiam decision, Global Management Enterprises, LLC v. Commerce & Industry Insurance Company, No. 13-31249, filed June 23, 2014, Judges Davis, Benavides and Prado determined that a worker who was injured...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

Virginia Significantly Raises Worker Misclassification Fines

Worker misclassification remains a number one target area for both state and federal review. On July 1, 2014, the Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can...more

Occupational Post-Traumatic Stress Disorder of Police Officers

Recently, I wrote a blog post about PTSD in which I discussed the Nevada Supreme Court's decision in the McGrath case, involving a police officer whose stress claim was denied because she claimed that a series of events over...more

Workplace toxins – are you a victim?

Every day throughout Illinois, and the rest of the country, workers in nearly every field and in a range of working environments are exposed to toxins, such as chemicals and gases, in the workplace. In some cases, this...more

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

Post-Traumatic Stress Disorder- Nevada Comp Law

There are two ways a Nevada worker might receive treatment for a post-traumatic stress disorder under a Nevada workers' compensation claim...more

"Nonprofit Traps and Pitfalls"

Many of us lawyers are involved with nonprofits. Some of us assist clients in incorporating and providing legal advice to nonprofits, and others of us serve on nonprofit boards. Nonprofit law is surprisingly complex. ...more

Fatal job-related injuries lead to OSHA investigation

An Alabama man working as a contractor lost his life after suffering from fatal job-related injuries. The man died after a tragic accident that resulted in severe burns on most of his body while he was employed by Ranger...more

Commissioner Roche Has Resigned. What Now?

The announcement this week did not give Commissioner Roche’s reason for resigning, only that she was returning to private practice. We can speculate, but regardless of the reason, her leaving will be a great loss to the...more

Shatto v. Mcleod: The “Specifics” (Or Lack Thereof) In Circumstantial Evidence

The South Carolina Court of Appeals recently had its second go-around with a workers’ compensation claim filed by a nurse anesthetist against a temporary medical staffing agency and against the hospital where that agency...more

Executive Briefing

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents,...more

New Laws for California Employers Effective July 2014

California Paid Family Leave (“PFL”) will be extended to more family members, including seriously ill grandparents, grandchildren, siblings, or parent-in-laws. By July 1, employers must distribute updated PFL pamphlets...more

Older Injured Workers

Older employees in Nevada who have a job accident resulting in an injury, or those who have an occupational illness don't fare very well under our current workers' compensation system. For the majority of injured workers who...more

Summary of California Appellate Decisions - June 2014

Insurance Coverage; Professional Services Exclusion; Completed Operations; Duty To Defend: North Counties Engineering, Inc. v. State Farm General Insurance Company (2014) 224 Cal.App.4th 902, 169 Cal.Rptr.3d 726...more

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