News & Analysis as of September 22, 2024

Statute of Limitations › Workplace Injury

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Employment Law Bills Await Governor Newsom’s Signature Or Veto

CDF Labor Law LLP on 9/16/2024

It is that time of year again, when California Governor Gavin Newsom considers a number of bills that need to be signed by September 30, 2024, in order to take effect. Several of those bills would impact California employers,...more

What is the Statute of Limitations in California Personal Injury Law?

Maison Law on 5/1/2024

What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

The Chartwell Chronicles: New Jersey Workers’ Comp Alert

Chartwell Law on 8/14/2023

In Episode 18 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss recent New Jersey workers' compensation happenings. Topics of discussion include physician fee increases, discontinuances, statutes of...more

How much time do I have to file for workers' compensation in Delaware?

Morris James LLP on 2/23/2023

After being injured on the job or diagnosed with a work-related illness, workers may face financial challenges such as unexpected medical bills or wages lost by missing work while recovering. Fortunately, Delaware law...more

Workers' Compensation Cases to Consider in 2023

Cranfill Sumner LLP on 1/5/2023

In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more

Separate Agreement Does Not Have the Effect of Tolling the Two-Year Statute of Limitations Under the Workers’ Compensation Act

Weber Gallagher Simpson Stapleton Fires &... on 8/3/2022

Ocean Wholesale Nursery LLC, the respondent, appealed from an order denying its motion to dismiss Donald Servais's, the petitioner, workers' compensation petition and from a final judgment awarding the petitioner $75,516.00....more

When Court has the Ability to Correct a Mistake to Avoid Inequity Despite a Clear Violation of the Statue of Limitations

Weber Gallagher Simpson Stapleton Fires &... on 3/23/2022

Petitioner Gary Streeper appealed his November 8, 2019, Order which dismissed his Application for Review or Modification of a compensation award on the basis it was untimely filed. The order was vacated and remanded....more

Pennsylvania Commonwealth Court Decision Highlights the Necessity of Addressing a Changing Injury Description During Termination...

Chartwell Law on 4/8/2021

In City of Allentown v. WCAB (Bryant, Jr.) No. 593 C.D. 2020, a recent Pennsylvania Commonwealth Court decision affirmed the WCJs denial of a Petition to Terminate, as employer failed to prove that claimant was fully...more

What you need to know about the new workers’ compensation law changes in H.B 81

Bricker Graydon LLP on 9/16/2020

House Bill 81 goes into effect on September 15, 2020, and it includes major changes to Ohio’s workers’ compensation laws. Below are a few of the more significant changes employers need to know...more

West Virginia Workers’ Compensation COVID-19 Quick Guide

Spilman Thomas & Battle, PLLC on 4/27/2020

When must an Employer’s First Report of Injury be filed? The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. ...more

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

Littler on 1/28/2020

On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

Reminder: New California Employment Laws Going Into Effect January 1, 2020

Akin Gump Strauss Hauer & Feld LLP on 12/17/2019

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

California Enacts New Record-Keeping Mandates In Response To Changing Federal Program

Seyfarth Shaw LLP on 10/2/2018

Seyfarth Synopsis: Last week, Governor Brown signed into law Assembly Bill No. 2334, Occupational Injuries and Illness, Employer Reporting Requirements, and Electronic Submission....more

California Legislature Says Recordkeeping Violations Not Subject To Six-Month Statute Of Limitations

Jackson Lewis P.C. on 9/24/2018

Beginning in 2019, employers in California will now be on the hook for recordkeeping violations well beyond the six-month statute of limitations. Bill Number AB 2334 (Occupational injuries and illnesses: employer reporting...more

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

Ruder Ware on 7/13/2017

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years

Seyfarth Shaw LLP on 5/10/2017

Seyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on...more

Lawlessness Quashed, Part II: President and Congress Stop OSHA’s Attempt to Avoid the Volks Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/5/2017

On Monday, April 3, 2017, President Trump signed a Congressional Review Act resolution, passed by the House on March 1 and by the Senate on March 22, that disapproves of the Occupational Safety and Health Administration’s...more

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

Miller Canfield on 3/27/2017

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. ...more

Senate Approves Measure to Kill OSHA Statute of Limitations Change for Recordkeeping Violations

Amundsen Davis LLC on 3/27/2017

On March 22, 2017, the U.S. Senate passed a measure to revoke OSHA’s modification to the six-month statute of limitations for recordkeeping violations. Under the Obama Administration, OSHA issued a new rule to extend the...more

House of Representatives Votes to Block OSHA Recordkeeping Rule

Jackson Lewis P.C. on 3/15/2017

The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing...more

Quashing Lawlessness: Congress Votes on OSHA’s Attempt to Avoid the Volks Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/8/2017

An appellate court one level below the Supreme Court of the United States, and highly respected in the field of administrative law, recently held that the Occupational Safety and Health Administration’s (OSHA) interpretation...more

Appellate Court Notes

Pullman & Comley, LLC on 10/20/2016

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more

"Employment Flash - August 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on 8/19/2016

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

Case Law Update: Rainey v. City of Charlotte

Cranfill Sumner LLP on 7/18/2016

Rainey v. City of Charlotte (5/17/16) - This case the North Carolina Court of Appeals analyzed N.C. Gen. Stat. §97-58 and the statutory time limit to file an occupational disease. The Court dismissed an injured worker’s...more

N.J. Employers No Longer Able To Shrink Lawsuit Time Limits - Supreme Court Hands Loss To Employers – But Is There A Hidden...

Fisher Phillips on 6/17/2016

The New Jersey Supreme Court just ruled that employers are not permitted to shorten the time frame that workers have to file a discrimination claim under the New Jersey Law Against Discrimination (NJLAD), reversing a 2014...more

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Statute of Limitations › Workplace Injury

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