News & Analysis as of

Worker’s Compensation Updates

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

Trump Administration May Prompt Surge in Occupational Disease Claims

by Howard Ankin on

One of President Trump’s first executive actions in 2017 was to impose a federal hiring freeze on civilian employees. This freeze is expected to prompt a surge in occupational disease claims and other types of workers...more

SC court awards Lowe's employee workers' comp disability benefits

by McNair Law Firm, P.A. on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

Putative Class Action Involving A Patented Reinsurance Arrangement For Workers’ Compensation Coverage Largely Survives Dismissal

by Carlton Fields on

The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York. ...more

Indiana Expands Workers’ Compensation Compensability to Broaden Coverage for “Volunteer Work”

by Reminger Co., LPA on

In John C. Morris v. Custom Kitchen & Baths, 64 N.E.3d 912 (Ind. Ct. App. 2016), trans. denied (March 2017), a licensed building contractor demonstrated sufficient connection between volunteer work and his business such that...more

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

Utah 2017 Legislative Update – Employment Law Issues

by Payne & Fears on

The 2017 session of the Utah Legislature produced few bills affecting employment law; but two bills recently signed by the Governor and one bill that was not passed this year may have an impact on Utah businesses....more

Iowa Workers' Compensation Reform Update

by Davis Brown Law Firm on

Governor Branstad signed the workers’ compensation reform bill into law Thursday, March 30. The bill affects injuries on or after July 1, 2017....more

Employment Law This Week: Presidential Powers, Fair Pay and Safe Workplaces Rule, DOL’s Overtime Rule, Competition for Vacant...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Ohio Supreme Court Narrows Voluntary Abandonment Defense

by Reminger Co., LPA on

Ohio’s workers’ compensation system is a no-fault system arising from a mutual compromise between employers and injured workers. The system protects employers from personal injury lawsuits from injured workers and provides a...more

Are They Coming or Going? Employee Travel Can Trigger Workers’ Compensation Liability

As a general rule, an employee who is injured while commuting to or from work is not entitled to workers’ compensation benefits, as the injuries are not deemed to be “in the course and scope of employment” by virtue of the...more

Employment Law This Week: Browning-Ferris Decision, Title IX Case, Server’s Minimum Wage Claim, H-1B Premium Processing Suspension

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Workers’ Comp Board Appellate Division Addresses Various Issues Relative to Occupational Disease Cases

by PretiFlaherty on

The widow and estate of the decedent appealed a decision denying a Petition to Order Payment under Rule 1.1 in an occupational disease case. Rule 1.1 requires that, within 14 days of notice or knowledge of a claim to...more

Top 10 Proposed Changes to Iowa's Workers' Compensation Law

by Davis Brown Law Firm on

The Iowa Legislature is currently reviewing proposed legislation pertaining to Iowa’s Workers’ Compensation laws. The proposed legislation has been introduced as House File 518, with companion Senate File 435. ...more

New Regulations Proposed for New York’s Paid Family Leave Benefits Law

by Epstein Becker & Green on

On February 22, 2017, the New York State Workers’ Compensation Board published proposed regulations (“Proposed Regulations”) to implement the New York Paid Family Leave Benefits Law (“PFLBL”), which goes into effect on...more

Chicago Professional Sports Teams Seek Workers’ Compensation Reform

by Howard Ankin on

The Chicago Bears, Blackhawks, Bulls, Cubs and White Sox have written a letter to a state representative in a show of support for a new bill that could detrimentally affect the workers’ compensation claims of injured...more

Work in "Ultrahazardous" Activity Does Not Provide North Carolina Employees with Exception to Workers' Compensation Exclusivity

Workers’ Compensation exclusivity means that for the overwhelming majority of workplace injuries, employees are limited to compensation through the Comp system. Under the North Carolina Supreme Court’s Woodson decision,...more

New York Proposes Regulations on State Paid Family Leave Law

As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, and will require virtually all private employers in New York to provide paid family leave benefits to eligible...more

Common Causes of Workers’ Compensation Denials

by Howard Ankin on

Despite meritorious claims, workers are denied benefits through workers’ compensation every day. Employers and their insurance carriers have a vested interest in denying as many claims as possible to avoid having to pay large...more

All About the Experts: Rebutting the Parsons Presumption

The Thornton decision is guided by the Parsons presumption, which holds that when additional medical treatment for a compensable injury is required, a rebuttable presumption arises in favor of the claimant that the treatment...more

Does Payment of Attendant Care Require a Prescription?

In Thompson v. Int’l Paper Co., the N.C. Court of Appeals addressed whether attendant care prescriptions needed to be provided in writing....more

Important Notice For Initial Claim Denial/Acceptance

by Tucker Arensberg, P.C. on

The initial report of a possible work injury must be handled carefully by the employer and/or its insurance carrier in order to avoid a scenario where an “accepted” claim should have been “denied” and vice versa. For decades,...more

When Does Permissible Communication Become Impermissible Information In AME Contacts?

On January 23, 2017, the Workers’ Compensation Appeals Board issued its first en banc decision since April 2016. In Bradley Maxham v. California Department of Corrections and Rehabilitation, ADJ3540065, the Board clarifies...more

New Governor, New State Legislative Session, New Workers’ Compensation Laws?

by Collins & Lacy, P.C. on

The 122nd South Carolina General Assembly convened for its first regular session on January 10, 2017. There are a few bills proposed in the House and Senate regarding the South Carolina Workers’ Compensation Act. Some bills...more

Refusal to Submit to Drug Testing Requires Evidence of Intent, in Kansas Workers’ Compensation Case

by Jackson Lewis P.C. on

An appellate court in Kansas ruled that an insufficient urine specimen, without evidence of intent to thwart the drug test, is not a refusal to submit to a test for purposes of the Workers’ Compensation Act. Byers v. Acme...more

Employment Law This Week: Wellness Program Regulations, Cumulative Liquidated Damages, ACA Transgender Discrimination Rules, Form...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

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