Worker’s Compensation Civil Procedure Labor & Employment

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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 Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of...

On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’...more

Appellate Court Notes - Week of December 23

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

Illinois Supreme Court Holds Temporarily Relocated Union Pipefitter Not Entitled to Workers' Comp

This morning, a six-justice majority of the Illinois Supreme Court has reversed the Fourth District of the Appellate Court, holding in The Venture-Newberg-Perini, Stone & Webster v. The Illinois Workers’ Compensation...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

PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in...more

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more

Arbitration Agreement Awarding Fees To Prevailing Party In FLSA Case Held Not Enforceable By Florida’s Second DCA

Florida’s Second District Court of Appeal recently held that an arbitration agreement was unenforceable in the context of a claim brought under the federal Fair Labor Standards Act (FLSA) when the agreement provides for an...more

Illinois Supreme Court Holds Guaranty Fund's Indemnity Payments Not Limited By Statutory Cap

In Illinois (as in every other state), when an insurance company becomes insolvent and an order of liquidation is entered, the Illinois Insurance Guaranty Fund steps in and pays claims that the insolvent carrier could not...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

No Federal RICO Option for Failed State Worker’s Compensation Claims

Plaintiffs who failed in their state worker’s compensation claim cannot sue their employers and their medical experts under federal civil racketeering laws, the en banc 6th U.S. Circuit Court of Appeals has ruled....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

The Fifth Circuit Decides Not To Decide Whether Nonsubscriber Cases May Be Removed

Unfortunately, the Fifth Circuit decided on August 14, 2013 in Ernewayn v. Home Depot that it lacked appellate jurisdiction to entertain Home Depot’s appeal of a remand order. The Fifth Circuit did not hold (as has been...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

Fifth Circuit Narrows “Adjoining Area” Definition In LHWCA Jurisdiction Test

On April 29, 2013, the Fifth Circuit issued an opinion for the en banc Court in New Orleans Depot Services, Inc. v. Director OWCP, 718 F.3d 384 (5th Cir. 2013) that effectively reformulated the 1972 situs jurisdictional...more

Video Surveillance – Make Sure Crucial Evidence is Admissible

Surveillance can be helpful evidence to dispute the compensability of a workers’ compensation claim, the employee’s physical condition and/or the employee’s ability to return to work. But do your homework up front to ensure...more

Right to Sue Applications: Are you sure it is a Schedule 1 Employer?

The Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A. (WSIA) contains some important provisions which may act to preclude a plaintiff from bringing a claim against certain defendants. Under s.28(1) of the...more

Bad Faith Claims Permitted Against Self-Insured Employers In Iowa – “Fairly Debatable” Defense Precludes Finding This Time

A federal trial court in Iowa confirmed that first-party bad faith claims may be cognizable against both insurers and self-insured employers. In Spencer v. Annett Holdings, Inc., 905 F.Supp.2d 953 (S.D. Iowa, Nov. 27, 2012),...more

California Employment Law Notes - May 2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Employment Law Newsletter: April 2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

West Virginia Supreme Court Approves Impairment Tables

Case Report - Gore v. WVOIC and Boone County Parks & Recreation Comm’n, (W.Va. 3/28/2013) - On March 28, 2013, the West Virginia Supreme Court of Appeals issued a decision supporting the ranges of permanent...more

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

Diane Marie Minish v. Hanuman Fellowship et al. - Court of Appeal, Sixth District (February 25, 2013) - The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and...more

I’ll Take “Not A Vessel” for $600, Alex: What Is A Tension Leg Platform?

In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen...more

Are Hernias Ratable?

Inguinal hernias are common work-related injuries for men, often caused by increased abdominal pressure during heavy lifting. According to the November/December 2012 AMA Guides Newsletter, men have a 27% lifetime risk of an...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

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