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Worker’s Compensation Conflict of Laws

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:

Impact of Marijuana on Maine Workers’ Compensation

by PretiFlaherty on

Marijuana use in the State of Maine has been in a state of flux over the past several years. The introduction of the Maine Medical Use of Marijuana Act, Maine Workers’ Compensation Appellate Division decisions, and a recent...more

Article: Southern District Decision Confirms Breadth of Bankruptcy Court Jurisdiction

The Southern District of New York in the recent Ames decision engaged in a detailed analysis of the contours of bankruptcy-court jurisdiction and found it broadly included a wide array of state law claims (notwithstanding the...more

RLA “Minor Dispute” Preemption Alive and Well As a Potential Defense in State Court

by Seyfarth Shaw LLP on

An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines,...more

Employer Required to Reimburse Employee For Medical Marijuana Treatment

The Court of Appeals of New Mexico issued a decision last week that many employers believe flies in the face of the Controlled Substances Act, 21 U.S.C. §§ 801 (“CSA”), and the Justice Department’s August 29, 2013 Memorandum....more

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

by Bond Schoeneck & King PLLC on

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

July 2014 Monthly Independent Contractor Compliance and Misclassification Update

by Pepper Hamilton LLP on

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

THE ROLE OF THE LEGAL NURSE IN CIVIL CASES: WITH A CASE EXAMPLE

by Paul Parks on

This article explains the role of the often overlooked and underused resource of the legal nurse, who can crystallize any medical-legal related issues. A case example is used to show how attorney's can benefit from this...more

VICARIOUS LIABILITY

by Paul Parks on

This article discusses how employers such as Hospitals can be vicariously liable for the torts of their employees, particularly doctors, nurses and other ancillary services that are committed during the course of employment....more

Two Air Ambulance Suits Grounded in Two Days by Federal and State Courts

by Hinshaw & Culbertson LLP on

Over the course of two days at the end of March, the Ninth Circuit Court of Appeals and the Sonoma County Superior Court issued two separate decisions dismissing claims by air ambulance companies that sought to obtain medical...more

Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims

A detailed analysis of when each set of laws might apply to an injured workers involved in the Transocean’s Deepwater Horizon oil spill clean up....more

From Out of the Blue Comes a Proposed Exemption for Air Ambulance Companies to Avoid California Workers' Compensation Official...

by Hinshaw & Culbertson LLP on

This week, the Administrative Director of the Division of Workers? Compensation of the California Department of Industrial Relations (“DWC”) proposed a regulation, California Code of Regulations, title 8, Section 9789.70(c),...more

Federal Court Dismisses Claim by Air Ambulance Company Seeking to Avoid California Workers' Compensation Official Medical Fee...

by Hinshaw & Culbertson LLP on

Earlier this year, California Shock Trauma Air Rescue (“CALSTAR”), an air ambulance company rendering services primarily in California, filed an action in federal court in Sacramento against more than 75 workers’ compensation...more

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