News & Analysis as of

Compensation & Benefits Workers' Compensation Claim

Marshall Dennehey

Superior Court Affirms IAB Decision Enforcing Workers’ Compensation Settlement Agreement and Rejected Claimant’s Attorney’s...

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Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024) - Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident,...more

Marshall Dennehey

A Judge of Compensation Claims Must Be Specific When Awarding Non-professional Attendant Care to a Family Member

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Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, DCA#: 22-1485, Decision date: May 08, 2024 - The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claimant...more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

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Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Marshall Dennehey

The 120-Day Rule Does Not Apply if the Employer/Carrier Only Accepted Compensability and Provided Treatment for a Temporary...

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Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027, St. Petersburg District, JCC Moneyham, Decision Date: Nov. 30, 2023 - The claimant requested compensability, evaluation and...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – May 2024

This week appeared to be a busy docket for New York workers’ compensation cases. The 3rd Dept. released four opinions on Thursday May 30, 2024. Read their summaries below. Garofalo v. Verizon CV-23-1298....more

Marshall Dennehey

Appellate Division Affirmed Workers’ Compensation Orders Denying Medical Treatment and Finding Lack of Causation.

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Driscoll v. Costco, No. A-2789-21 (Feb. 20, 2024) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical and temporary benefits and two other orders denying her motions...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - April 2024

This week the 3rd Department released three new cases. Learn more below. Dexter Morgan v. Kinray, Inc., et al. (4/25/24) - In this case, the 3rd Dept. upheld a decision disallowing an occupational repetitive use claim. The...more

Marshall Dennehey

Appellate Division Confirms That the Trial Judge Correctly Applied the Intentional-Wrong Exception to the Insurer’s Policy.

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Dionicio Rodriguez v. Shelbourne Spring, LLC, et al. and Sir Electric, LLC v. Hartford Underwriters Ins. Co., No. A-2079-22 (Dec. 22, 2023) - The Appellate Division affirmed the Law Division order granting Hartford...more

Marshall Dennehey

Although Claimant Cannot Be Working With a Concurrent Employer on Date of Work Injury With Another Employer, the Relationship With...

Marshall Dennehey on

Resources for Human Development, Inc. and Gallagher Bassett Services v. Sherry Dixon (WCAB); No. 494 C.D. 2022; filed Dec. 20, 2023; President Judge Cohn Jubelirer - The claimant sustained an injury on December 29, 2018,...more

Bricker Graydon LLP

The Turning Tides of Temporary Total Disability Compensation

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This month, the Ohio Supreme Court altered the landscape of more than 25 years of workers’ compensation legal precedent in an employer-friendly decision concerning termination of Temporary Total Disability compensation....more

Cranfill Sumner LLP

Beyond the 500-Week Limit: Understanding Extended Compensation under the North Carolina Workers’ Compensation Act

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Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!...more

Cranfill Sumner LLP

Now You See Me, Now You Don’t: All Things Related to the Compensability of Eye Injuries and Defense of Eye Injury Claims

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Under the North Carolina Workers’ Compensation Act, the total loss of a member or loss of vision is a compensable injury....more

Cranfill Sumner LLP

Just in Case You Didn't (c) It the First Time

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With respect to workplace injuries, The North Carolina Workers’ Compensation Act is a legislative fix to a common law problem. The Act is sometimes called “the grand compromise”  because it was crafted so as to balance the...more

Cranfill Sumner LLP

Can Employers Deduct Wages Earned from a Concurrent Employer in Calculating Their Obligation to Pay Partial Disability...

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Many employers are constantly faced with questions surrounding an injured worker’s entitlement to disability benefits. North Carolina, like many other states, has a workers’ compensation system in place to provide benefits to...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Three-Even...

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity of approving and advancing bills out of committee.  In addition to the bills that we have already summarized, here...more

White and Williams LLP

Keep an Eye on Potential Offsets Against PA Workers’ Compensation Benefits

The Pennsylvania Workers’ Compensation Act (Act) was amended in 1996 to allow an employer to take an offset against workers’ compensation wage loss benefits for 50% of Social Security retirement benefits received, if that...more

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

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Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Cranfill Sumner LLP

When Benefits Run Their Course

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In the case of Dunbar v. Acme Southern, the employee sustained a compensable injury in 1998. He entered a settlement agreement to resolve all indemnity benefits.  The agreement allowed the employee’s medical compensation to...more

Farella Braun + Martel LLP

California Employers Face Various New Laws in January 2021

The California Legislature passed and Governor Newsom signed several new laws covering topics ranging from COVID-19 to leaves of absence to data reporting. Most of these laws take effect January 1, so now is a good time for...more

Chartwell Law

2019 Case Law Update: Denial of Compensability of Short-Term Respiratory Exposure Claim

Chartwell Law on

On October 17, 2019, the Florida First District Court of Appeal addressed whether the Judge of Compensation Claims (JCC) erred in denying Mr. Blanco’s Petitions for Benefits seeking workers’ compensation benefits, after he...more

Pierce Atwood LLP

What Maine Employers Need to Know About 2019 Workers' Compensation “Reforms”

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It was inevitable that some of the 1993 reforms that stabilized Maine’s workers’ compensation market and brought Maine closer to the national average in terms of cost and benefits would be peeled back when the 129th...more

Chartwell Law

Risky Business

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On April 5, 2019, the Florida First District Court of Appeal issued a rare en banc opinion in the case of Valcourt-Williams v. Sedgwick CMS, regarding the compensability of an accident that occurred, when an adjuster tripped...more

Littler

Minnesota Supreme Court Reverses Course: Employees May Assert Claims Both for Workers’ Compensation Benefits and for Disability...

Littler on

The Minnesota Supreme Court in Daniel v. City of Minneapolis overruled itself, and 30 years of precedent, by holding the Minnesota Workers’ Compensation Act’s exclusivity provision does not bar disability discrimination...more

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