Worker’s Compensation Updates

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Employment Law This Week: Browning-Ferris Decision, Title IX Case, Server’s Minimum Wage Claim, H-1B Premium Processing Suspension [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Workers’ Comp Board Appellate Division Addresses Various Issues Relative to Occupational Disease Cases

The widow and estate of the decedent appealed a decision denying a Petition to Order Payment under Rule 1.1 in an occupational disease case. Rule 1.1 requires that, within 14 days of notice or knowledge of a claim to...more

Top 10 Proposed Changes to Iowa's Workers' Compensation Law

The Iowa Legislature is currently reviewing proposed legislation pertaining to Iowa’s Workers’ Compensation laws. The proposed legislation has been introduced as House File 518, with companion Senate File 435. ...more

New Regulations Proposed for New York’s Paid Family Leave Benefits Law

On February 22, 2017, the New York State Workers’ Compensation Board published proposed regulations (“Proposed Regulations”) to implement the New York Paid Family Leave Benefits Law (“PFLBL”), which goes into effect on...more

Chicago Professional Sports Teams Seek Workers’ Compensation Reform

The Chicago Bears, Blackhawks, Bulls, Cubs and White Sox have written a letter to a state representative in a show of support for a new bill that could detrimentally affect the workers’ compensation claims of injured...more

Work in "Ultrahazardous" Activity Does Not Provide North Carolina Employees with Exception to Workers' Compensation Exclusivity

Workers’ Compensation exclusivity means that for the overwhelming majority of workplace injuries, employees are limited to compensation through the Comp system. Under the North Carolina Supreme Court’s Woodson decision,...more

New York Proposes Regulations on State Paid Family Leave Law

As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, and will require virtually all private employers in New York to provide paid family leave benefits to eligible...more

Common Causes of Workers’ Compensation Denials

Despite meritorious claims, workers are denied benefits through workers’ compensation every day. Employers and their insurance carriers have a vested interest in denying as many claims as possible to avoid having to pay large...more

All About the Experts: Rebutting the Parsons Presumption

The Thornton decision is guided by the Parsons presumption, which holds that when additional medical treatment for a compensable injury is required, a rebuttable presumption arises in favor of the claimant that the treatment...more

Does Payment of Attendant Care Require a Prescription?

In Thompson v. Int’l Paper Co., the N.C. Court of Appeals addressed whether attendant care prescriptions needed to be provided in writing....more

Important Notice For Initial Claim Denial/Acceptance

The initial report of a possible work injury must be handled carefully by the employer and/or its insurance carrier in order to avoid a scenario where an “accepted” claim should have been “denied” and vice versa. For decades,...more

When Does Permissible Communication Become Impermissible Information In AME Contacts?

On January 23, 2017, the Workers’ Compensation Appeals Board issued its first en banc decision since April 2016. In Bradley Maxham v. California Department of Corrections and Rehabilitation, ADJ3540065, the Board clarifies...more

New Governor, New State Legislative Session, New Workers’ Compensation Laws?

The 122nd South Carolina General Assembly convened for its first regular session on January 10, 2017. There are a few bills proposed in the House and Senate regarding the South Carolina Workers’ Compensation Act. Some bills...more

Refusal to Submit to Drug Testing Requires Evidence of Intent, in Kansas Workers’ Compensation Case

An appellate court in Kansas ruled that an insufficient urine specimen, without evidence of intent to thwart the drug test, is not a refusal to submit to a test for purposes of the Workers’ Compensation Act. Byers v. Acme...more

Employment Law This Week: Wellness Program Regulations, Cumulative Liquidated Damages, ACA Transgender Discrimination Rules, Form... [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Another Year, a Higher Maximum Compensation Rate

We generally are pleased with the economy when it grows and income rises. Last year was no different. While income increased on average only a small percentage, our maximum compensation rate, which is tied to the state’s...more

Employment Law This Week: The Year Ahead, New Labor Secretary, “Persuader Rule” Case, New York Salary Thresholds, Mental Health... [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

No Permanent Partial Disability And Permanent Total Disability Benefits At The Same Time, In The Same Claim In Ohio

Under Ohio worker’s compensation law, permanent total disability may be awarded to an injured worker who is unable to return to any type of sustained remunerative employment due to the allowed conditions in the claim....more

Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .

We’ve talked about the Privette doctrine before. The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides in general that project owners and contractors are not responsible...more

When Partnership “Members” Are Employees

Last week, I wrote about how AB 2883 changes the definition of “employee” vis-a-vis corporate directors. See Is A Corporate Director An Employee Subject To Workers’ Compensation? AB 2883 also rewrites the definition of...more

New Year's Resolution for California Employers: Know New Laws Affecting Your Business in 2017

The California legislature enacted many new laws in 2016 affecting California employers, many of which are summarized below. All employers with operations in California should be aware of these new laws and consult with...more

Police Employers Beware — Benefits Payments Under General Municipal Law Section 207-c May Not Shield You From Tort Claims

Municipal police employers who thought that their payment of benefits to injured police officers under General Municipal Law Section 207-c shielded them from tort claims brought by those injured officers need to think...more

New Year, New Workers’ Comp “Opt Out” Rule For Execs

Seyfarth Synopsis: New legislation effective 2017 will expand California workers’ compensation coverage by requiring coverage for certain high-level individuals unless they affirmatively opt out and waive coverage, thereby...more

Maine Workers’ Comp Board Revises Fee Schedule

The Board has completed the annual update of its Medical Fee Schedule. Appendix II (professional fees) and Appendix IV (outpatient facility fees) have been updated in accordance with Title 39-A M.R.S.A. Section 209-A for...more

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