Worker’s Compensation Updates

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Georgia Supreme Court Interprets the Apportionment Statute in Conjunction with the Workers' Compensation Act

This month, the Georgia Supreme Court further extended the reach of the Georgia law addressing the apportionment of liability in tort cases in the case of Walker, et al. v. Tensor Machinery, et al. The Court had recently...more

Workers’ Compensation Mediation – What Employers Need to Know

The costs of civil litigation, and uncertainties of a jury trial, have turned mediation into its own cottage industry. Now more than ever, parties involved in civil suits will voluntarily agree to mediate the dispute, with...more

Employment Law This Week: OSHA Fines, ACA’s Contraception Opt-Out, Illegal Firing, Off-the-Clock Security Screenings [Video]

Episode 5, Week of November 16, 2015 - 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...more

On The Road Again: Where Does Jurisdiction Lie for a Traveling Employee's Out of State Work Injury?

For companies that employ traveling employees, such as truck drivers, dealing with work injuries sustained by such employees can be challenging, because predicting which state will have jurisdiction over the employee's injury...more

Why Opt-Out Plans Lead to Workers’ Compensation Struggles

Workers’ compensation reform has been a serious topic of debate in Chicago, in recent months. As Illinois state legislators continue to discuss ways to save money, workers are concerned about how these changes could affect...more

Illinois Supreme Court Decision Bars Employee from Bringing a Direct Civil Action against Employer for Alleged Asbestos Exposure...

In Folta v. Ferro Engineering, Ill.S.Ct. Docket No. 118070, Nov. 4, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision and held that a personal injury and subsequent wrongful death suit brought on...more

Horror Stories On Opt-Out and Workers’ Comp Laws Worse than Nevada’s Laws

Every year I attend a Larson Advisory Board luncheon scheduled during the National Workers’ Compensation and Disability Conference in Las Vegas. Advisory Board members are attorneys from various states who blog and...more

Court Blocks Attempt to Circumvent the Med-Legal Process

On October 28, 2015, the Second District Court of Appeal, Division Six, published its opinion in Margaret Batten v. Long Beach Memorial Hospital, B260916, in which it determined that a self-procured medical-legal report...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

Court Crushes Constitutional Challenge To Independent Medical Review

In Frances Stevens v. Workers’ Compensation Appeals Board, Outspoken Enterprises, Case: A143043 1st District, Division 1, the California Court of Appeal upheld the constitutionality of California Labor Code Section 4610.6...more

Opt-Out Workers’ Compensation Plans Could be a Beneficial Option

ProPublica and NPR recently published a comprehensive investigation into the rise of so called “opt-out” workers’ compensation plans in Texas and Oklahoma. Opt-out plans allow employers to provide state mandated benefits to...more

Statistics on Workplace Fatalities

Half a century ago, approximately 14,000 workers were killed on the job. However, after the creation of the Occupational Safety and Health Administration (OHSA) and the resulting policies that were implemented, working...more

Cold Stress: Protecting Workers in Illinois

Exposure to extreme weather conditions can cause serious illnesses, significant injuries, and even death, and the problem is much larger than many realize. According to the Centers for Disease Control and Prevention (CDC), in...more

OSHA Enacts Regulations Protecting Workers in Confined Spaces

Working in confined spaces poses a particular risk to Chicago employees. Consult a workers’ compensation lawyer at 312.600.0000. Most employees face some type of risk in the workplace, however, those who work in confined...more

Workers’ Compensation and the Burden of Proof

When filing a workers’ compensation claim in Illinois, the injured worker is required to prove that he or she is eligible for benefits. Although this can be extremely burdensome for individuals who are already suffering from...more

Recent Amendments to the Workers Compensation Act give WorkSafeBC Enhanced Compliance Powers

Recent changes to the Workers Compensation Act in British Columbia (the Act) significantly enhance WorkSafeBC’s ability to enforce occupational health and safety compliance. These include...more

Employee Assigned to Charlotte Operation But Working in South Carolina Cannot File North Carolina Comp Claim

Employers in cities like Charlotte that straddle state lines sometimes face interesting questions about the applicability of which state’s laws to their employment decisions. An employee may live in South Carolina, commute to...more

California Court of Appeal Reaffirms Hurdles to Overcoming Rating Presumption

In Contra Cost County v. Workers’ Compensation Appeals Board, and Dahl, Case No. A141046 [WCAB No. ADJ1310387], filed September 24, 2015, the California Court of Appeal, First Appellate District, annulled a Workers’...more

Workers' Compensation Update Impairment Rating Evaluations

Last Friday, September 18, the Commonwealth Court issued an interesting decision invalidating Section 306 (a.2) of the PA Workers' Compensation Act dealing with Impairment Rating Evaluations (IREs), as an unconstitutional...more

Could Virginia shooting happen at your workplace?

One of the first reactions to surface after reading about unthinkable workplace violence, such as the recent Virginia news station shooting, is, “that’s awful, but something like that could never happen here…” Perhaps it...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

NLRB Says Arbitration Agreement Without Carve-Out for Unfair Labor Charges Violates Federal Labor Law

Last week’s EmployNews reported on efforts by the Equal Employment Opportunity Commission to attack employer-prepared releases because they supposedly do not contain adequate assurances that their terms do not prevent...more

Shame on DIR-Lame response to petition

I wish I could say I’m surprised by the lame response by DIR (Division of Industrial Relations) to the Petition I filed in July for DIR to do its job and have an actuary review the discount rate used to convert permanent...more

Health Alert (Australia) - September 7, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australia. High Court 2 September 2015 - AstraZeneca AB v Apotex Pty Ltd AstraZeneca AB v Watson...more

South Carolina has a New Medical Services Provider Manual for the First Time in Five Years!

The South Carolina Workers’ Compensation Commission publishes two sets of policy and procedure manuals, commonly referred to as fee schedules, for the cost of providing medical care to injured workers. One schedule is for...more

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