Worker’s Compensation Civil Procedure

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

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

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In an unpublished per curiam decision, Global Management Enterprises, LLC v. Commerce & Industry Insurance Company, No. 13-31249, filed June 23, 2014, Judges Davis, Benavides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

Shatto v. Mcleod: The “Specifics” (Or Lack Thereof) In Circumstantial Evidence

The South Carolina Court of Appeals recently had its second go-around with a workers’ compensation claim filed by a nurse anesthetist against a temporary medical staffing agency and against the hospital where that agency...more

Summary of California Appellate Decisions - June 2014

Insurance Coverage; Professional Services Exclusion; Completed Operations; Duty To Defend: North Counties Engineering, Inc. v. State Farm General Insurance Company (2014) 224 Cal.App.4th 902, 169 Cal.Rptr.3d 726...more

A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case

The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a...more

What To Do About Delays In Getting Medical Care

1. First, know how long the adjuster has to approve or deny your doctor's request. - Your adjuster has 30 days to accept or deny your Nevada work comp claim. Expect only emergency care and clinic visits in the...more

Supreme Court denies chronic stress WCB claim after employee reacted to disciplinary letter

The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits for “chronic stress” which he said resulted from a disciplinary letter that followed years of conflict over another workplace...more

Recent Cases of Note

District of New Jersey Denies Class Certification in Title Insurance Case on Grounds of Ascertainability - In the latest in a series of decisions from courts in the Third Circuit regarding ascertainability of a...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

Injured Workers Should Get Their Medical Records

All injured workers should get a copy of their medical records at some point. Remember that your employer is being copied by the adjuster on all his/her letters to you and on some of your medical records. You should know...more

Workers' Compensation Alert: WC Board Appellate Division Update

In Bolstridge v. AGM Marine Contractors, Inc., Me. WCB App. Div. No. 14-14, the Appellate Division overturned a WCB decision which had found the WCB had personal jurisdiction over AGM Marine, a Massachusetts corporation....more

Equity – Establishing the Elements of Equitable Tolling and Equitable Estoppel

Linda Hopkins v. Jurek Kedzierski as Trustee, etc., et al. - Court of Appeal, Fourth Appellate District (April 16, 2014) - Under the principle of equitable tolling, a statute of limitations will not bar a claim...more

Missouri Supreme Court Abandons Exclusive Causation Requirement for Worker’s Compensation Retaliatory Discharge Claims

In Templemire v. W&M Welding, Inc., -- S.W.3d -- , (Mo. 2014), No. SC93132, 2014 WL 1464574, the Missouri Supreme Court threw out its long-held interpretation of section 287.780, RSMo requiring a plaintiff in a worker’s...more

Litigating a Nonsubscriber Case: Prohibited Affirmative Defenses

Although the benefits to becoming a nonsubscriber under the Texas workers’ compensation system are manifold, employers who choose to become nonsubscribers do need to be aware of hurdles that the Texas Legislature put into...more

Employers Beware: Missouri Supreme Court Heightens the Risk of Dismissing Employees Who Filed Workers Compensation Claims

The Missouri Supreme Court recently overruled the long-standing “exclusive” causation standard for worker’s compensation retaliation claims and held that an employee only needs to demonstrate that filing a worker’s...more

Missouri Supreme Court Lowers Burden of Proof For Workers’ Compensation Retaliation Claims

The Missouri Supreme Court has issued a decision that significantly lowers the burden of proof for employee claims of workers’ compensation retaliation under the law. Under the new standard announced in Templemire v. W&M...more

Subrogation Alert - Hodges v. Federal-Mogul Corporation

A recently-published decision of the U.S. District Court for the Western District of Virginia should be expected to have an immediate impact on the use of expert testimony in subrogation cases in that region. The case,...more

Workers' Compensation Alert: Predetermination/Misclassification in the Construction Industry

In Nate Holyoke Builders, Inc. et al. v. WCB AIU, WCB App. Div. No. 14-11 (April 24, 2014), the employer appealed a decision imposing a $30,000 penalty for misclassification of nine employees as independent contractors. The...more

Court of Appeals Upholds Commission’s Order that Claimant Suffered No Change of Condition

The South Carolina Court of Appeals recently upheld a South Carolina Workers’ Compensation Commission’s decision that a Claimant suffered no change of condition in Carter v. Verizon Wireless (Op. No. 5191, refiled April 16,...more

124 Results
|
View per page
Page: of 5

Follow Worker’s Compensation Updates on: