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In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more
On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed into law S2822/A3986, a bill that increases the potential counsel fees for petitioner’s attorneys in workers’ compensation cases from 20% to 25% of the...more
Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough - In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The...more
Glenny Torres v. Amazon.com Services LLC (WCAB); No. 1398 C.D. 2022; filed Apr. 9, 2024; Judge Wallace - In this case, a workers’ compensation judge granted a Claim Petition and ordered payment of benefits for a September 17,...more
Michael D. Rudolph, Appellant v. Darien Smith, The Home Depot U.S.A., Inc., and Liberty Mutual Insurance Company, Appellees; 1st District Court of Appeal; No. 1D2022-1627; Decision date: Jan. 24, 2024 - This case involves a...more
Marie Dennis v. Inglis House (WCAB); No. 1223 C.D. 2022; filed Oct. 12, 2023; Sr. Judge Leavitt - The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January...more
On December 22, 2021, the Pennsylvania Supreme Court issued a decision in Lorino v. WCAB (Commonwealth of Pennsylvania), 266 A.3d 487 (Pa. 2021), which generally held that attorney’s fees shall be awarded when an injured...more
Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order...more
Presenting potentially significant exposure to employers, the Pennsylvania Supreme Court just decided Vincent Lorino v. WCAB (Commonwealth of Pennsylvania), addressing the issue of awarding attorney’s fees to a claimant in...more
The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the...more
In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document...more
In Florida, when the injured employee’s attorney files a verified motion for attorney’s fees and costs seeking reimbursement of costs associated with a previously filed petition for benefits, what costs can the injured...more
Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or common law. In New York...more
Picture this. You have just settled a problem workers’ compensation case and you or your carrier have disbursed settlement checks totaling $100,000 in exchange for a full and complete compromise and release of “any and all...more
The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more
Helpful FMLA Resource for Employers - The U.S. Department of Labor recently published a new guide for employers covered by the Family and Medical Leave Act (FMLA) titled The Employer’s Guide to the Family and Medical...more
In its latest session, the Tennessee Legislature passed four bills that affect Tennessee public and private employers’ workplace policies and procedures....more
Appellate Court Advance Release Opinions: - AC35173 - State v. Mosback - AC36907 - Rodriguez v. Commissioner of Correction - AC36499 - Zilkha v. Zilkha After a judgment of dissolution, the plaintiff...more
On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus...more