Worker’s Compensation Civil Procedure

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2014 NC Case Law Update

Below is a summary of significant 2014 Workers Compensation cases decided by the Courts, along with “practice tips” for addressing these issues. Covered topics include: Medical Causation, notice defenses, subsequent...more

Navigating Attendant Care Issues: When Did the Claim Arise?

As a workers’ compensation adjuster, you may occasionally handle cases involving attendant care issues. When you do have a case involving attendant care issues, you will need to mindful of when your claim arose because...more

Form 24 Changes Effective 11/1/2014

As of November 1, 2014, the Industrial Commission has implemented several important new changes for Form 24 litigation....more

How to Assert the Misrepresentation Defense to NC Workers’ Compensation Claims

The North Carolina Workers’ Compensation Act now allows an employer to plead an affirmative “Misrepresentation Defense” when an employee intentionally misrepresents his/her physical condition when entering into the employment...more

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

High Court Rejects “Dual Purpose” Doctrine for Workers’ Compensation Claims

A home health nurse was employed to provide in-home health care services to her employer’s clients. On a typical day, she traveled from one patient’s home to another in her personal vehicle. When working weekends, she was...more

Workers' Compensation and Truck Drivers: Where to bring your claim

North Carolina claims jurisdiction – the right to apply it’s law to your workers' compensation case – if you were hurt in North Carolina, if your place of business is in North Carolina, or if you were hired in North Carolina....more

Litigation: New York’s Appellate Division Refuses to Compel California Employers to Arbitrate in New York State (10/14)

The Appellate Division, First Department, for the Supreme Court of the State of New York recently held that a group of California-based employers represented by Bond, Schoeneck & King PLLC cannot be compelled to arbitrate...more

Ohio Supreme Court Rules On Applicability of Dual Intent Doctrine When Determining Eligibility For Workers’ Compensation Benefits

On October 21, 2014, the Supreme Court of Ohio in Friebel v. Visiting Nurse Assn. of Mid-Ohio addressed whether the doctrine of dual intent or dual purpose is applicable when determining eligibility for workers’ compensation...more

U.S. District Court Judge Bars Plaintiff’s Individual Disability Claims in Their Entirety by Application of the Doctrine of...

In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its...more

Village of Posen’s Rough Day in Court: The Perils of Challenging an Arbitration Award

The Illinois Appellate Court recently affirmed an arbitrator’s decision to fully reinstate a police officer terminated for cashing workers’ compensation checks while also receiving full disability pay during recovery from an...more

Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more

Owner/developer was not responsible for civil damages sustained in a workplace incident 20 years ago

Over 20 years after a workplace incident that seriously injured a worker, the Alberta Court of Queen’s Bench has dismissed the worker’s civil action against a developer. The worker had been working on a rooftop of a...more

Court Rejects Workers Comp Insurer’s Challenge to Big Pharma

Pharmaceutical manufacturers that promote off-label uses for prescription drugs have become litigation targets for third-party payors—especially after Kaiser received a nine-figure RICO award last year against the...more

Construction Case Law Update - September #2 2014

FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more

Pennsylvania Magistrate Judge Recommends That Plaintiff’s Claims Be Barred in Their Entirety by Application of the Doctrine of...

In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a Magistrate Judge issued a Report and Recommendation granting an individual disability insurer summary judgment on an insured’s claims...more

Virginia Supreme Court Opinions Affecting Local Government Law: September 12, 2014

The Virginia Supreme Court issued opinions Friday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both...more

Kickball Game Organizer Covered When Injured During Game

In a 3-2 decision the Supreme Court reversed the Court of Appeals and the Workers’ Compensation Commission, finding an injury to the organizer of a company kickball game was compensable, although it may not have been for...more

Maine Workers' Compensation Alert: CMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on...

The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers'...more

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

July 2014 Monthly Independent Contractor Compliance and Misclassification Update

The leading development this month in the area of independent contractor compliance and misclassification is an Arizona case that deals with a commonplace event – but one that carries with it the potential for unanticipated...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

A Beach Vacation from the Longshore Act

In an unpublished per curiam decision, Global Management Enterprises, LLC v. Commerce & Industry Insurance Company, No. 13-31249, filed June 23, 2014, Judges Davis, Benavides and Prado determined that a worker who was injured...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

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