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Worker’s Compensation Labor & Employment

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

Employment Law This Week: NLRB’s “Quickie Election” Rules, Layoff Doesn’t Violate FMLA, Plans Exempt from ERISA, Amended...

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

Employment Law This Week: Joint-Employer Guidance Rescinded, NYC’s “Fair Workweek” Bills, ADA and Gender Dysphoria, Philadelphia’s...

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

Maine WC Appellate Division Places Burden on Employee to Prove Unavailability of Generic Prescription Drugs

by PretiFlaherty on

In Belanger v. Miles Memorial Hospital, Me. WCB App. Div. No. 17-23 (May 25, 2017), Miles Memorial Hospital appealed from a decision of an ALJ granting, among other things, an employee’s Petition for Payment of Medical and...more

Last Regular Session Day of Connecticut Legislature: Where We Stand

by Shipman & Goodwin LLP on

Today is the last day of the Connecticut General Assembly regular session. So it’s a good time to take a look at some of the bills pending or passed. ...more

New York Issues Updated Regulations to Paid Family Leave Benefits Law

by Epstein Becker & Green on

On May 24, 2017, the New York State Workers’ Compensation Board (“WCB”) published updated regulations (“Updated Regulations”) to the New York Paid Family Leave Benefits Law (“PFLBL”), which, as we previously reported, becomes...more

Court: Temps May Not be “Employees” Under Workers Compensation Law, Allowing Lawsuit

by Shipman & Goodwin LLP on

As I continue to work on a major redesign and relaunch that I hope (!) to roll out by month’s end which has held up some blog posts, my colleague Gary Starr returns this morning with a new post regarding a recent Connecticut...more

Court Finds No Bar On Rescinding Workers’ Compensation Insurance, Even After Filing of Claim

In Southern Ins. Co. v. WCAB (No. B278412, filed 5/10/17), a California appeals court, reversing a workers’ compensation arbitrator’s decision, held that a workers’ compensation policy can be rescinded for material...more

Ohio House Of Representatives Passes Bill Removing Workers' Compensation Benefits For Unauthorized Aliens; Reduces Time To File...

by Roetzel & Andress on

The House of Representatives passed House Bill 27 (HB 27) to provide for a $566.5 million workers’ compensation budget over the next two years....more

Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month...

by Ruder Ware on

The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well. The case is Operton v. Labor and Industry...more

Employment Law This Week®: California’s “Day of Rest” Provisions, Title VII Claim Revived, Joint-Employer Ruling, New Georgia...

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

Power to Calculate A Lien: What Court Has Jurisdiction to Determine a Subrogation Lien?

In Murray v. Moody, 797 S.E.2d 365 (N.C. Ct. App. 2017), a Wilson County Superior Court entered an “Amended Final Judgment” expressly provided judgment for a lien on damages that a jury awarded in a civil suit in favor of the...more

Maine WC Board Appellate Division Rules on § 312 Medical Findings

by PretiFlaherty on

In Dunn-Morrell v. Viking Motors, Mr. WCB App. Div. 17-17 (April 19, 2017), the Employee was granted protection of the Act in 2007 for a May 8, 2003, low back and right shoulder injury. She was awarded ongoing total...more

WC Board Appellate Division Revisits Refusal of Suitable Work in the Context of Ongoing Employment

by PretiFlaherty on

In Shaw v. Cumberland County Sheriff’s Department, Me. WCB App. Div. 17-14 (March 22, 2017), Shaw appealed from a decision granting her Petition for Award, awarding total incapacity benefits for two closed-end periods, but...more

When Just Showing Up is Enough: A Plaintiff’s Reasonable Effort to Find Employment

Snyder v. Goodyear - The Snyder decision is guided by Russell v. Lowe’s, 108 N.C. App. 762 (1993), which provides methods to establish a plaintiff is incapable of earning the same wages he had earned before his injury. ...more

Doctors Determine Parsons: Failure to Overcome the Parsons Presumption

Bell v. Goodyear - The Bell decision is guided by the Parsons presumption, (Parsons v. The Pantry, Inc., 485 S.E.2d 867 (1997)) which holds that when additional medical treatment for a compensable injury is required, a...more

Supreme Court of Kentucky Renders a Game-Changing Decision Potentially Costing Employers and Insurance Companies Millions

by Reminger Co., LPA on

On April 27, 2017, the Supreme Court of Kentucky declared unconstitutional the provision of Kentucky’s Workers’ Compensation Act that terminates income benefits on the date the employee qualifies for normal old-age retirement...more

The Financial CHOICE Act

by Bryan Cave on

In this episode hosts Jonathan Hightower and Rob Klingler discuss highlights and key takeaways from their analysis of the CHOICE Act, as well as recent news in the industry and the newly-released jobs report....more

Louisiana Court Holds Employer Responsible for Failing to Protect Employee From Off-Duty Threat of Violence by Coworker

A Louisiana appellate court has ruled an employee may sue her employer for negligence for injuries sustained on the job when the injuries resulted from a dispute that began outside of work. The case is particularly...more

Employment Law Letter - Spring 2017

by Shipman & Goodwin LLP on

Some time ago, the U.S. Department of Labor announced a focus on what it saw as a workplace trend, namely the characterization of people performing functions that are an integral part of the employer’s business (not plumbers...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

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

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