Worker’s Compensation Labor & Employment

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Guide To Doing Business in New Zealand: Employment Laws (Updated)

EMPLOYMENT LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Terms and conditions of work performed by employees in New Zealand are governed by: • Legislation governing employment terms and working conditions,...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

Supremes Tell States Gay Marriage is Legal

Recently, the U.S. Supreme Court struck down state laws the prohibit gay marriage in Obergfell v. Hodges, No. 14-556 (June 26, 2015), First, the Court held that the Fourteenth Amendment requires a State to license a marriage...more

9th Circuit Throws Lifebuoy to California Drowning In Workers’ Compensation Liens

The United States Court of Appeals for the Ninth Circuit resuscitated a contentious provision of California’s SB 863. In a unanimous decision on June 29, 2015, the court in Angelotti Chiropractic, Inc. v. Christine Baker, et...more

Utilizing the Misrepresentation Defense: Practical Tips for Employers

Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management. An employer can plead the affirmative...more

Nonprofit Volunteers: We’ll work for free … unless we get hurt

If your company is a nonprofit or has a nonprofit foundation, are you covered if something happens to your volunteers while they’re engaged in service to your organization? The concern is real. There were 287 fatal...more

It’s Time We Finally Do Something About §42-1-580

My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there...more

A Reminder to Employers That FLSA Claims Cannot Be Waived in Most Circumstances

When an employer signs a general release of claims with a former employee, it expects that the agreement and the consideration provided will prevent future legal claims. However, certain actions, such as Workers’ Compensation...more

Tex. Sup. Court Clarifies the Duties of a Non-Subscribing Employer in the Face of Known Dangers

Late last week, the Texas Supreme Court clarified duties of employers for premises defects and declared that they have multiple duties to invitees/employees who come onto their property facing known dangerous...more

Texas Supreme Court Clarifies Employer Liability on Obvious Risk in Workplace Injuries

It's not too often that we hear of an employer being able to escape liability for a workplace injury, where the injury does, in fact, happen to an employee and it happens in the workplace. Below, we'll discuss a case where an...more

Should Your Business Have to Pay Workers’ Compensation Temporary Disability to an Employee Who Was Terminated for Cause?

Employers should be cautious when terminating an employee on light duty restrictions as the result of a work accident. Pursuant to Section 42-9-260, when an employee is out of work due to a reported work-related injury or...more

Alberta's NDP Government and Potential Labour and Employment Policy Changes

On May 5, 2015, Rachel Notley and her New Democratic Party (NDP) were elected to a majority provincial government in Alberta. This is the first change of the governing political party since the 1971 election. Changes to...more

Cutting Costs By Reviewing Ongoing Medical Care For Injured Workers

Long term medical care related to workplace injuries can be a costly and frustrating proposition for employers and/or their Workers’ Compensation insurance carriers. In many cases, the injured workers’ medical care continues...more

Court Does Procedural/Substantive Two-Step in Lozano

On May 13, 2015, the Court of Appeal, Second Appellate District, opined in Cynthia Lozano v. WCAB (B258000) that a 2009 amendment to Labor Code section 3212.1 may be applied retroactively to an injurious exposure which...more

Merkens v. Federal - Injured Worker Who Failed To Challenge Termination Of Workers’ Comp Benefits In Industrial Commission Cannot...

The court of appeals affirmed. A workers’ compensation carrier can commit the tort of bad faith in two ways: (1) the intentional and unreasonable denial of a claim (“bad faith denial of benefits”); or (2) the intentional and...more

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015...more

Timing and Consistency in Employee Discipline

A recent case decided by the Connecticut Appellate Court illustrates the importance of timing and consistency in administering employee discipline. In Barbee v. Sysco Connecticut, LLC, an opinion released on April 28, 2015,...more

En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from...

Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015). Ruling en banc, court affirms grant of summary judgment for insurer, adjuster and employer on bad faith claims brought by former...more

The InterConnect FLASH! - April 2015: Be On Guard: North Carolina Decision Continues Worrisome Trend

On March 17, 2015, in Atiapo v. Goree Logistics, Inc., the North Carolina Court of Appeals affirmed an Industrial Commission Opinion and Award holding that Owen Thomas, Inc. (“Owen Thomas”), a federally licensed...more

Playing The Workers Compensation Game In Texas

Who needs workers compensation coverage? If you are a business owner in Texas, maybe not you. Texas is one of the few states that allows business owners to opt out of carrying workers compensation insurance coverage for its...more

Lee v. M&H, Wal-Mart - Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation...

Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation Benefits From General Employer. Plaintiff Lee suffered serious injuries while performing clean-up duties during...more

NC Court of Appeals Finds Freight Broker Liable for Driver's Workers' Comp Claim

Motor freight brokers hold federal licenses that allow them to locate suitable transportation services for their shipper clients. Brokers never actually handle or transport the freight, but act as an intermediary to pair...more

Exotic Dancer Entitled to Workers’ Comp After Being Shot in Club

Addressing an issue that is being litigated around the country, the South Carolina Supreme Court ruled last week that an exotic dancer was an employee of a gentlemen’s club and is therefore entitled to workers’ compensation...more

The Cost of Health Care Isn’t the Price of Health Care

It’s common to use the term “cost of health care” to mean the price of health care. But there is a difference—often a huge difference....more

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