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Happy New Year! The Virginia Supreme Court issued opinions yesterday, its first term for 2015. This term resulted in cases which, in various ways, deal with the authority of government entities (Workers Compensation...more
The California Court of Appeal addressed the scope of the Going And Coming Rule in its decision, Craig Schultz v. WCAB and Joint Test Tactics and Training (JT3), 2015 S.O.S. 99, January 6, 2015....more
On November 20, 2014, the WCAB issued Bodam v. San Bernardino County/Department of Social Services, and declared it to be A Significant Panel Decision, which means it is citable before the board, but is not persuasive...more
The Federal Government is proposing to make it easier for businesses to opt out of State and Territory specific work health and safety (WHS) laws and to join the Federal WHS system.
The case for self-insurance...more
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
Generally, workers who are injured on the job in Illinois are entitled to benefits, including disability and coverage of required medical treatment, under the Workers’ Compensation Act. There are cases, however, in which an...more
Although Illinois courts are courts of general jurisdiction presumed to have subject matter jurisdiction, this presumption doesn’t apply to workers’ compensation proceedings. Pursuant to Section 19(f)(2) of the Workers’...more
In the closing days of its May term, the Illinois Supreme Court allowed a petition for leave to appeal from a decision of the Appellate Court for the Second District in Ferris, Thompson and Zweig, Ltd. v. Esposito. Ferris,...more
Professional athletes seeking to take advantage of California’s historically beneficial workers’ compensation scheme suffered back-to-back defeats to close out 2013. Even as public attention to the long-term effects of...more
The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In...more
Ruling in a 4-2 decision, the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip.
Can issues that have already been determined by an administrative tribunal in one forum be revisited in another forum? In its earlier decision in British Columbia (Workers’ Compensation Board) v. Figliola, the S.C.C....more
Last week, in a case which had attracted nationwide interest in the workers' compensation bar, a divided Illinois Supreme Court extended the mailbox rule to the process of initiating judicial review of decisions of the...more
A horrific New Year's Eve workplace accident has left one family in east Alabama completely devastated following the death of their loved one. The Occupational Safety and Health Administration will likely lead an...more
Nevada law requires third-party administrators and self-insurers of workers' compensation claims to send accepted claimants a notice of their right to choose a different doctor from the appropriate provider list. Not all...more
During the holiday break, I did what many lawyers do (but will publicly deny): I watched a few ”bad” reality tv shows.
No, I didn’t watch “Here Comes Honey Boo-boo” (even I have my limits).
But on the Food...more
As 2012 winds to a close, a look back at legal developments demonstrates that state legislatures were busy all year long. Every year, employers are inundated with new employment laws and regulations that impose new compliance...more
In Roy Justice v. West Virginia Office Insurance Commission and Lowe’s Home Centers, Inc., No. 11-0113 (W.Va. Nov. 14, 2012), the West Virginia Supreme Court of Appeals issued a significant decision impacting...more
Who, What, Why . . . Who does it apply to: All employers, whether subscribers to workers’ compensation insurance, or not.
What is the issue: Employees of businesses that make workers’ compensation claims sometimes...more
In Nevada, police officers and fire fighters have additional workers' compensation coverage and benefits for some injuries and illnesses that Nevada employees of other occupations do not have. The laws that are unique to...more
Workers Compensation reform is on the way.
Cynics might ask, didn’t we do this several years ago?
Yes we did.
In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more
Hiring long lasting employees is of great benefit to a business, even these days when workers are especially mobile, often changing jobs and employers on a regular basis.
The old paradigm of workers staying with one...more
In Dutra v. Mercy Medical Center Mt. Shasta (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 26, 2012), a California Court of Appeal considered whether a lawsuit alleging that an employee had been wrongfully terminated due...more
In the wage and hour realm, even the most knowledgeable Pennsylvania employers often are unaware of potential compliance pitfalls presented by state law. Like the FLSA, the Pennsylvania Minimum Wage Act (“PMWA”) contains...more
September 30, 2012, was the deadline for Governor Jerry Brown to take action on bills passed by the California Legislature during the 2012 regular legislative session....more
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