Worker’s Compensation Civil Procedure Civil Remedies

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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

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

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

New York’s Highest Court Reverses Itself on Prior Damages-Limiting Decision

In the first Maria Auqui v. Seven Thirty One Limited Partnership et al. (Auqui) decision earlier this year (February 14, 2013), the Court of Appeals held that when a Workers' Compensation Board (WCB) decision sets forth the...more

Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute

This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana...more

Court Rules That Ohio Bureau Of Workers' Compensation Overcharged Non-Group Rated Employers

After a long bench trial which began on August 20, 2012, Judge Richard McMonagle recently issued his decision in an important class-action lawsuit. The suit was brought on behalf of certain employers doing business in Ohio,...more

Supreme Court Defines Scope of "Power Press" Exception to Work Comp Exclusive Remedy Rule

In its August 20, 2012 decision in LeFiell Manufacturing Company v. Superior Court, the California Supreme Court held that an injured employee’s spouse is not allowed to pursue a claim for loss of consortium in the employee’s...more

Bill That Could Nullify Howell Moves Forward

California trial lawyers have made no secret of their intent to nullify the Howell v. Hamilton Meats & Provisions, Inc. decision with new legislation this year. If Howell is nullified or restricted by legislation this...more

W.Va. Supreme Court Applies Special Employer Rule to Find Temporary Employer Immune from Common Lawsuits

The Supreme Court of Appeals of West Virginia recently decided that a second employer can be considered a “special employer” giving rise to special employment status for workers’ compensation immunity purposes. The specific...more

Legal Alert: Denial of Workers' Comp Claim May Form the Basis of RICO Claim

The Sixth Circuit has held that a group of transportation workers have a property right in their entitlement to workers' compensation benefits under Michigan law, and that the denial of their workers' compensation claims may...more

Collateral Source Rule Does Not Preclude Introducing "Negotiated Rates" of Past Medical Costs in Workers' Compensation Benefits...

In Lydia Sanchez v. Darrell G. Brooke, et. al., (March 8, 2012, B224835), California's Court of Appeal, Second District, acknowledged and extended the recent California Supreme Court decision in Howell v. Hamilton Meats &...more

Frederick Place Chambers Employment Law Newsletter

This is the first newsletter published by Frederick Place Chambers. It is intended that this should be a monthly publication, with the aim of keeping clients and fellow professionals up to date with recent developments in...more

Ohio Workers' Compensation Class Action Notice: Should You Stay In Or Opt Out?

A class action lawsuit is currently pending in the Court of Common Pleas for Cuyahoga County, Ohio, on behalf of certain employers doing business in Ohio. The case alleges that the Bureau of Workers' Compensation (BWC)...more

Successfully Defending a Lawsuit

Anyone who has been a defendant in a lawsuit will tell you that the process is expensive, time consuming and stressful. I have spent the past twenty years defending businesses and individuals in courts throughout Virginia and...more

Texas S.Ct.: Workers Comp Carriers Not Subject to Statutory Unfair Claims Settlement Practices Claims

In a ground-breaking decision, the Texas Supreme Court today decided that workers compensation insurers are not subject to "bad faith" claims for unfair claims settlement practices under the Texas Insurance Code. The...more

Widow of NM Police Officer Is Denied Workers' Comp Death Benefits

In August 2002, a 12-year-old boy was swimming in the upper Rio Grande river in New Mexico during a church event when he suddenly slipped below the surface of the water. Kevin Schultz, an off-duty officer from the nearby town...more

Fee reimbursement schedule upheld, statute of limitations on Second Injury claims: S.C. WORKERS’ COMP UPDATE

The South Carolina Supreme Court has issued two significant workers’ compensation opinions in the past week and a half. Fee Schedule Upheld In the first case, the Court reversed the determination of a circuit court that...more

Where Will Oil Spill Work Injury & Wrongful Death Cases Be Tried?

The Gulf Oil Spill -- the largest oil spill and one of the largest industrial accidents in history -- has already resulted in hundreds of lawsuits seeking billions of dollars in damages. Wrongful death and workers'...more

Illinois Workers’ Compensation ad Third Party Claims Attorneys

Under state workers’ compensation laws, employees who are injured at work are barred from suing their employers for compensation for their injuries. Workers are limited to the compensation that is available under the workers’...more

Worker Recovers Lost Wages and 4-Yr College Degree

Based in part on testimony provided by the retraining specialist and our client’s earlier transcripts from Joliet Junior College showing she already had 55 semester credits, the arbitrator agreed that she was, in fact, an...more

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