Worker’s Compensation Administrative Agency Civil Procedure

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Workers' Comp. Alert: WCAB Significant Panel Decision Emphasizes Timeliness For A Valid UR Decision

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

Preparing to appeal a workers’ comp denial

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

Illinois Supreme Court to Decide Whether State Treasurer Needs an Appeal Bond to Challenge Workers Comp Award

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

Does the Workers' Compensation Commission Have Exclusive Jurisdiction Over Claims for Referral Fees?

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

Sports Law - Feb 25, 2014: Losing Streak: Athletes Seeking Workers’ Comp. In California Suffer Setbacks

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

Pennsylvania Supreme Court Changes Labor Market Survey Rules

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

Case Comment: Penner v. Niagara (Regional Police Services Board), 2013 SCC 19: Did the SCC Flip Flop on Finality?

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

Illinois Supreme Court Extends Mailbox Rule to Judicial Review of Workers' Comp Commission

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

Supreme Court Approves Vacating Prior PTD Award

Summary - 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

Workers' Compensation Appeals Board Has Exclusive Jurisdiction To Adjudicate Claims For Discrimination Based On Filing A Workers'...

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

More than 20 new insurance-related bills signed into law by Governor Brown

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

A Willful OSHA Violation Insufficient to Circumvent The Workers' Compensation Act's Bar on Lawsuit Against Employer

The New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to...more

The Perils of Self-Insurance

Today we continue our previews of the new civil review grants from the May term of the Illinois Supreme Court. In Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund, [pdf] the Court will face questions about the...more

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