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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
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
When employers keep their workplaces safe, they can hold the line on workers compensation costs. More importantly, their most valuable resource — their employees — remain healthy and productive.
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
On August 31, 2012, the California legislature approved Senate Bill 863, which, among other things, added Section 139.32 to the Labor Code. This provision creates a new series of referral prohibitions relating to the...more
This is a BIG topic. You can write volumes, not just a blog post, on the intersection of Work Comp and FMLA. These issues are always complicated by the fact that work comp attorneys and employment law attorneys are like...more
As long as workers are living up to the requirements of their jobs, generally, their employers should have their backs. Workers have certain rights that, if neglected, can mean more than an unpleasant work environment....more
We are often asked how Social Security Disability benefits are impacted by a workers’ compensation settlement. Many of our clients are concerned that they will lose their right to their social security disability...more
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
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
Every day millions go to work to earn a living, but for some, the risks to their safety and even their lives can be overwhelming. The Bureau of Labor and Statistics recently revealed the most dangerous jobs, where injuries...more
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