News & Analysis as of

Disability Benefits

Davis Wright Tremaine LLP

New York City Employers Must Post and Distribute Recently Issued "Workers' Bill of Rights"

By July 1, 2024, employers in New York City are required to post and provide their employees with a "Workers' Bill of Rights," which has now been issued by the Department of Consumer and Worker Protection ("DCWP"). DCWP also...more

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

McAfee & Taft on

A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

Hall Benefits Law

Employer Involvement Rendered Disability Insurance Plan Subject to ERISA, Despite Lack of Intent

Hall Benefits Law on

In Steigleman v. Symetra Life Ins. Co., 2023 WL 7413668 (D. Ariz. 2023), a court considered whether a package of various welfare benefit insurance policies an individual business owner arranged for herself and her employees...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - March 2024

Saul Ewing LLP on

This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were...more

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: February 2024 Issue

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Our February Elder Law and Special Needs newsletter is now available! In this issue, our attorneys delve into timely topics such as recent legislative developments in New Jersey. Specifically, we explore new laws designed to...more

Mandelbaum Barrett PC

Intellectual and Developmental Disability: What is an IDD?

Mandelbaum Barrett PC on

Intellectual or developmental disability, known as IDD, affects approximately 7.39 million people in the United States, according to a 2019 estimate by the University of Minnesota. Typically present at birth or onsetting in...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - February 2024

Saul Ewing LLP on

This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and...more

McDermott Will & Emery

McDermott Submits Amicus Brief to the US Supreme Court in United Behavioral Health

McDermott Will & Emery on

On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - January 2024

Saul Ewing LLP on

On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - December 2023

Rivkin Radler LLP on

Jason Brand made a claim for disability benefits under his disability policy with Principal Life Insurance Company on the basis that he was totally disabled by extreme anxiety that began in July 2014 after a warrant was...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Stands Firm: Upholding Lower Court Decision on Causation and Credibility

In keeping with past trends, the New Jersey Appellate Court has again refused to overturn a lower court decision that was based on the assessment of a witness’s credibility and competent evidence. In Smith v H&M...more

Marshall Dennehey

Temporary Total Disability Benefits Were Properly Reinstated as of the Date Claimant Filed a Protz Constitutional Challenge, and...

Marshall Dennehey on

Howard Dunetz v. Charles H. Sacks, D.M.D., P.C. (WCAB); No. 302 C.D. 2022; filed Oct. 26, 2023; Judge Cohn Jubelirer - The claimant sustained a work injury in May 2007. Subsequently, the status of his benefits was changed...more

Weber Gallagher Simpson Stapleton Fires &...

Is an Employee Entitled to Temporary Total Disability Years After They Have Left Your Employ and Their Disability Recurs?

The Superior Court addressed a rather convoluted fact pattern in determining whether an injured worker is entitled to a resumption of their temporary total disability benefits even though they have left the time of injury...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - December 2023

Saul Ewing LLP on

This month’s Friday Five explores a decision ordering an IME prior to a ruling on summary judgment motions, the extent claims reporting records can be sealed, the scope of ERISA preemption in the context of removal, and two...more

Whitcomb Selinsky, PC

Unveiling The Truth: The Battle For Long-Term Disability Benefits

Whitcomb Selinsky, PC on

In the case of Frank Blankenship, a dispute arose over the denial of his long term disability benefits by Metropolitan Life Insurance Company (MetLife), which is a provider of long term disability insurance....more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - November 2023

Saul Ewing LLP on

This month’s Friday Five covers cases relating to petitions for attorneys’ fees, unpersuasive self-reported evidence of disability, and a dilatory attempt to augment the administrative record....more

Carlton Fields

Tennessee Supreme Court Permits Consideration of Extrinsic Evidence in Dispute About Capacity to Enter Power of Attorney Used to...

Carlton Fields on

The Supreme Court of Tennessee has approved a trial court’s consideration of extrinsic evidence regarding whether an individual with Down syndrome had the capacity to execute a durable power of attorney that his brother used...more

Cranfill Sumner LLP

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

Cranfill Sumner LLP on

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

Cranfill Sumner LLP on

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

Cranfill Sumner LLP on

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

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - October 2023

Saul Ewing LLP on

This month’s Friday Five explores recent decisions that range from the effect on disability benefits when medical records are not provided after two appeals, to a case that examines how an award of death benefits is...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2023

Saul Ewing LLP on

This month’s Friday Five explores decisions regarding the timeliness of appeals, the support necessary to sustain an LTD termination decision, a court’s discretion to credit and discredit expert opinions, the circumstances...more

Weber Gallagher Simpson Stapleton Fires &...

Maximum Medical Improvement: Now You See It, Now You Don't

As you may know, under the New Jersey Workers’ Compensation Statute (Section 15) and case law, the respondent/employer is responsible for providing medical treatment to cure and relieve the effects of a workers’ compensation...more

Woodruff Sawyer

California SDI: What Upcoming Changes Mean for Employers and Employees

Woodruff Sawyer on

More changes are coming up for California’s State Disability Insurance (SDI) program, which includes Paid Family Leave (PFL) benefits. This article offers an overview of those changes to help you understand how they affect...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - August 2023

Saul Ewing LLP on

This month’s Friday Five addresses two cases involving disability claims that touch on Covid-19, a Circuit Court ruling for an insurer, a district court ruling that a 20-year-old regulatory settlement precluded an insurer...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Links to Other Websites

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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