Worker’s Compensation Updates

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

2016 Changes to Tennessee Workers’ Compensation

This year, there are several notable revisions to TN law regarding workers’ compensation. First, reasonable attorney fees and costs can be awarded to the employee and his/her counsel when the employer fails to initiate...more

Where Does a Third Party “Stand” on Liens?

Dion v. William Robert Batten, Sr. (8/2/16) Facts and Procedural History: Plaintiff was employed by Neuwirth as a servicing agent. In the course and scope of his employment with Neuwirth, he was involved in a car...more

A Matter of Known Percentages

When Apportionment of an Injury is Appropriate - Harris v. Southern Commercial Glass and/or Southeastern Installation Inc. (8/16/16) Facts and Procedural History: Plaintiff sustained a compensable back injury...more

Employment Law This Week®: Salary History, Wage and Hour Compliance Training, Non-Competes, Misclassified Workers [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

Proof of Workplace Injury Not Required for Workers’ Compensation Retaliation Claim in Ohio

Proof of a workplace injury is not required to state a prima facie claim of retaliatory discharge under Ohio’s workers’ compensation statute, the Ohio Supreme Court has ruled, resolving a split among the Ohio Courts of...more

Front Pay & Back Pay: How About No Pay?

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility.  Shortly thereafter,...more

Employers Who “Usually” Employ 3 or More Employees: the Threshold for Mandatory Worker’s Compensation in Wisconsin

In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances. In the event such an employer pays $500 in wages during any calendar quarter,...more

Commission Announces Change to Informal Conference Process

The South Carolina Workers’ Compensation Commission has recently announced a change to the Informal Conference process. Effective immediately, all settlements that are reached at Informal Conferences must be approved by one...more

Court rules unauthorized absence justifies firing

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more

CMS’ Web Portal: Final Rule 21 CFR § 411.39 Promises Quick and Efficient Conditional Payment Resolution for Those Able to Abide by...

The Centers for Medicare & Medicaid Services (CMS) has published its long-awaited final rule entitled “Medicare Program: Obtaining Final Medicare Secondary Payer Conditional Payment Amounts via Web Portal.” From the outset of...more

How a Tight Fit Creates Lethal Dangers

Plumbers, electricians, cleaning technicians, and other professionals are often required to work in confined spaces. This presents a number of dangers such as becoming trapped, being seriously injured by equipment, or being...more

Employee Training Requirements Lowered for Tennessee Drug-Free Workplace Employers

In order to maintain certification as a Tennessee Drug-Free Workplace for purposes of the workers' compensation coverage premium reduction, employers were supposed to have been conducting annual drug-free workplace training...more

Client Alert - FMLA Employer Guide and Workers' Compensation Rate Increase

Helpful FMLA Resource for Employers - The U.S. Department of Labor recently published a new guide for employers covered by the Family and Medical Leave Act (FMLA) titled The Employer’s Guide to the Family and Medical...more

Howard Ankin Wins Case Before Illinois Appellate Court

In June I argued before the Illinois Appellate Court the case of Smart vs. Central Grocers on behalf of a claimant who suffered a workplace injury. I am very happy to report the success of this case as it has widespread...more

Queensland WorkCover amendments to render contractual indemnities void

It is a serious matter to interfere with the rights of parties to agree between themselves to whatever contractual terms they chose. There is currently a Bill before the Queensland parliament [1] proposing a significant...more

Employment Legislation Summary: 2016 Session - Connecticut General Assembly

In its 2016 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2016. The following material summarizes these new laws, but the...more

Case Law Update: Rainey v. City of Charlotte

Rainey v. City of Charlotte (5/17/16) - This case the North Carolina Court of Appeals analyzed N.C. Gen. Stat. §97-58 and the statutory time limit to file an occupational disease. The Court dismissed an injured worker’s...more

Case Law Update: Barnette v. Lowes

Barnette v. Lowes (4/19/16) - In this case, the North Carolina Court of Appeals over ruled a Deputy Commissioner and the Full Commission who had previously denied plaintiff’s claim by finding that no “injury by accident”...more

I Was Injured at Work, But my Employer Does Not Have Workers Comp Insurance!

Woodland Hills personal injury attorney Barry P. Goldberg is called about every imaginable type of injury. Sometimes, clients are seriously injured at work and Workers Compensation is the “Exclusion Remedy,” with very few...more

Claims Management versus Settlement: Cost Containment Strategies for the End of the Claim (Part 10 of 10) | CSH Law NC Workers'...

This final segment in this “Cost Containment Strategies” Blog series addresses strategies for the end of the worker’s compensation claim. The considerations at this point in the claim are typically whether to keep the claim...more

Employment Law Letter - Summer 2016

Last year the General Assembly enacted legislation prohibiting all public and private sector employers from disciplining an employee for “discussing the amount of his or her wages [or] inquiring about the wages of another...more

How Regulations Protect Workers when Handling Explosives

There are over 650,000 chemicals in use within the United States. These chemicals are used to make everything from plastics and furniture, to bedding and food. These chemicals and the production processes they are used in are...more

Maryland Employers Will Face Tougher Sanctions for Misclassifying Workers as Independent Contractors

The heightened focus on misclassification of workers as independent contractors should cause concern for employers. At least 30 states have partnered with the federal government to target worker misclassification, with...more

When “Shall” Means “Should” – Court of Appeal Defines IMR Reporting Obligation

In 2004 and 2012 the California Legislature enacted reforms to streamline the medical treatment approval process for workers' compensation claims. The most significant of the 2012 reforms was California Senate Bill 863, which...more

Meatpacking – The Hidden Dangers

The Bureau of Labor Statistics has called meatpacking the most dangerous industry in the country, resulting in illnesses and injuries to over 40,000 workers each year. With such a high risk of illness and injury to workers, a...more

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