News & Analysis as of

Workers Compensation Act

IREs Held as Unconstitutional in Workers’ Compensation Cases

by Barley Snyder on

The Pennsylvania Supreme Court last week drastically altered the landscape for workers’ compensation carriers and created future uncertainties when it struck down aspects of the Workers’ Compensation Act....more

Impairment Rating Evaluations Declared Unconstitutional

Over 20 years after Section 306(a.2) of the Pennsylvania Workers’ Compensation Act was enacted, employers will no longer be able to limit partial disability benefits to 500 weeks based on an Impairment Rating Evaluation...more

Corporate E-Note - May 2017

by Burr & Forman on

Starting on Friday, May 12th, computers in countries around the world have fallen victim to the latest ransomware attack. As of May 15th, it is estimated that more than 150 countries have infected systems, totaling over...more

One Judge Finds Alabama’s Workers’ Compensation Act Unconstitutional—Now What?

Workers’ compensation laws are supposed to take the guess work out of employee injuries. If an employee is hurt at work, the statute governs, you pay the benefits and move on—right? Well, if you have employees in Alabama,...more

Burr Alert: Alabama Workers’ Compensation Act Held Unconstitutional

by Burr & Forman on

On Monday, May 8, 2017, Jefferson County Circuit Court Judge Pat Ballard unexpectedly ruled that the Alabama Workers’ Compensation Act is unconstitutional. Specifically, Judge Ballard found the $220 per week cap on workers’...more

Does Workers’ Comp Cover Injuries that do Not Occur at the Job Site?

by Howard Ankin on

Under Illinois workers’ compensation laws, an employer may be held liable for injuries that occur outside of the workplace, depending on the circumstances surrounding the injury....more

New Requirements for BC Joint Health and Safety Committees

by Dentons on

If you operate a workplace in British Columbia with 10 or more workers, you may need to make some changes to your workplace health and safety practices....more

Bullied to death? PEI WCB awards benefits to widow after finding a link between workplace bullying and fatal heart attack

by Dentons on

The Workers Compensation Board of Prince Edward Island recently awarded WCB benefits to the widow of a worker who died of a heart attack in November 2013. The worker had suffered a workplace back injury a few months earlier...more

New Governor, New State Legislative Session, New Workers’ Compensation Laws?

by Collins & Lacy, P.C. on

The 122nd South Carolina General Assembly convened for its first regular session on January 10, 2017. There are a few bills proposed in the House and Senate regarding the South Carolina Workers’ Compensation Act. Some bills...more

Injured worker’s claim lacked the “something more” needed to establish personal liability against employer’s directors

by Dentons on

The Alberta Court of Appeal has confirmed that in order for a director of a corporate employer to be found personally liable for damages sustained by one of the corporation’s workers in a workplace accident, there must be...more

They’re Back! What Should Employers Expect from the 2017 Connecticut General Assembly Session?

On January 4, the 2017 session of the Connecticut General Assembly begins. The session is scheduled to adjourn on June 7, 2017. Numerous proposed bills affecting Connecticut employers and employees will be unleashed during...more

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

by Stoel Rives LLP on

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

Preemption by Any Other Name Would Smell as Sweet: The Exemption for “Pervasive and Intricate Regulation” by Another Field of Law

by Ellis & Winters LLP on

Courts often opine on the relationship between N.C. Gen. Stat. § 75-1.1 and other bodies of law. In a recent case, a federal court announced a rare holding of that type: a holding that another body of law regulates an area so...more

CT Supreme Court Permits a Workers' Compensation Insurer to Sue Third Parties for Reimbursement

by Murtha Cullina on

In a decision to be officially released on September 27, 2016, the Connecticut Supreme Court holds that a workers’ compensation insurer can maintain an equitable subrogation claim against third-party tortfeasors to recover...more

Update on Impairment Rating Examinations in Workers’ Compensation Cases

Since 1996, Section 306(a.2) of the Workers’ Compensation Act has offered a framework for litigating long term exposure to temporary total disability (“TTD”) benefits, through the use of impairment rating evaluations...more

Tort reform, apportionment and immunity

by Reminger Co., LPA on

Applying Ohio’s tort reform legislation to a situation where a non-party is immune from the tort liability in issue has resulted in contradictory holdings. This article originally appeared in the 2016 September/October...more

Constitutional Rights vs. The Exclusive Remedy Doctrine

by Collins & Lacy, P.C. on

The Workers’ Compensation Act evolved from what is often called the “Grand Bargain.” Injured workers cannot sue their employers for work-related injuries in exchange for a no fault system in which the injured worker does not...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

Employers Who “Usually” Employ 3 or More Employees: the Threshold for Mandatory Worker’s Compensation in Wisconsin

by Ruder Ware on

In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances. In the event such an employer pays $500 in wages during any calendar quarter,...more

Franchisor to Be Considered Statutory Employer? PA Supreme Court to Decide

by Pepper Hamilton LLP on

The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so,...more

Alberta court of appeal dismisses worker’s appeal In his 20+ year old case against a developer

by Dentons on

The Alberta Court of Appeal has recently confirmed that an owner/developer of a condominium conversion project was not liable for damages in a civil action commenced by a worker....more

Maine Supreme Court Rules on Maximum Benefits Payable in the Context of More Than One Injury

by PretiFlaherty on

In Freeman v. NewPage Corporation, 2016 ME 45 (March 31, 2016) the Law Court affirmed an ALJ’s decision that an employee could not be awarded benefits over the maximum compensation rate even if the employee has suffered more...more

Several New Worker's Compensation Provisions Favorable to Wisconsin Employers

Wisconsin Governor Scott Walker signed into law several new employer-friendly 2016 amendments to the state’s Worker’s Compensation Act. In addition to cutting the statute of limitations for traumatic injury claims in half,...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Speaks: March 2016

The General Assembly’s Labor and Public Employees Committee was active before its March 17, 2016 deadline for approving bills, voting favorably and advancing many bills out of committee....more

No contempt in the face of the “voluminous” British Columbia Occupational Health and Safety Regulation

by Dentons on

In the wake of some recent high-profile workplace accidents, 2015 legislative amendments to the Workers Compensation Act were designed to give WorkSafeBC more tools to enforce its mandate. Among other things, WorkSafeBC can...more

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