What's the Tea in L&E? Injury or Disability: What's the Difference?
DE Under 3: Disability Unemployment, Cornell ILR & USDOL Women's Bureau Webinar Series & More
#BigIdeas2020: Open Discussion of Mental Health in the Workplace - Employment Law This Week® - Trending News
“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA
Employment Law Issues for Health Care Employers
OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?
Upcoming Affirmative Action Plan Requirements for Federal Contractors and Subcontractors
Navigating the New OFCCP Regulations on Affirmative Action Obligations: Make Sure Your Organization is Ready
Polsinelli Podcast - What Employers Need to Know About Obesity in the Workplace
Accessibility concerns for disabled condo owners
Accessibility Concerns for Disabled Condo Owners
What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. Warmer weather and frequent outdoor activities often result in increased injuries. In this short video, Woods...more
Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough - The claimant underwent an Impairment Rating Evaluation (IRE) on September 20, 2011, following a July 5, 2005,...more
On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more
Key Points: A workers’ compensation judge has the discretion to require live testimony from a petitioner as a condition for approval of a Section 20 settlement. The New Jersey Appellate Division defers to a judge’s findings...more
The workers’ compensation practitioner has now become a forced bedfellow of CMS, like it or not. If you fail to “issue spot” in relevant settlements, you will have problems. Reprinted with permission from the October 2,...more
Jose Gonzalez v. Guizzetti Farms, Inc. (WCAB) and Guizzetti Farms, Inc. v. Jose Gonzalez (WCAB); No. 144 C.D. 2022; No. 286 C.D. 2022; filed Apr. 18, 2023; by Judge Ceisler (PREVIOUS NON-REPORTED OPINION) - In this case, the...more
An employee is injured on the job and cannot immediately return to work. Whether to offer salary continuation or permit temporary total disability compensation to be paid under the workers’ compensation claim is a...more
In a recent case which is helpful to the defense bar, County of Santa Clara v. WCAB (Justice), the 6th District Court of Appeal in California limited the scope of the findings in the 2nd District Court’s previous holding in...more
Previously, on a reopener of a permanent partial total disability case that turned into a permanent total disability case, there has always been a credit for the entire amount paid for the partial total award. This leads to...more
Valley Stairs and Rails v. WCAB (Parsons), No. 110 C.D. (Cmwlth Ct. 2019) - In Valley Stairs, the Commonwealth Court addressed the issue of the date a claimant’s workers’ compensation benefits become payable, under Section...more
For three decades in Pennsylvania, employers and Workers’ Compensation insurance carriers could seek an independent review of the “impairment rating” of an injured worker, in order to determine the percentage of disability,...more
Este mes de mayo, el Instituto Mexicano del Seguro Social (IMSS) anunció nuevas herramientas digitales que dan la posibilidad tanto al asegurado como a las empresas de consultar en línea el historial de las incapacidades...more
Earlier this month, the Mexican Institute for Social Security (IMSS) announced new digital tools that enable both employers and insured employees to review records concerning the employees' disabilities certified by the IMSS,...more
Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more
Prior to June 20, 2017, a powerful tool was available to employers and workers’ compensation carriers to cap exposure on long term workers’ compensation claims. That tool, provided by the Act 44 amendments in 1996, was...more
The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more
A recent decision made by the Federal Circuit Court (Court) provides a timely reminder of the need to take care when making decisions about the ongoing employment and duties of ill and injured employees. The decision also...more
Finding the right accommodation for a disabled employee can be a difficult task under the Fair Employment and Housing Act (“FEHA”). An employer’s accommodation obligations are broad, and litigation can ensue when there is a...more
Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more
For the loss or loss of use of the following member or vision in an eye, the employee is entitled to the corresponding number of weeks of permanent partial disability. If the employee has partial loss of use of that member...more
Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more
Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charges - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, discriminated against an...more