News & Analysis as of

Workers Compensation Act Appeals

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

Genova Burns LLC

NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims

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On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish...more

Chartwell Law

When to Appeal Under the Maryland Workers' Compensation Act

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Under the Maryland Workers’ Compensation Act, when a party believes that the Worker’s Compensation Commission has committed an error of law in its final decision and decides to appeal the same, that appeal is heard in the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Supreme Court Expands and Contracts Human Rights Act Coverage in Two Decisions on Disability Discrimination

The Minnesota Supreme Court recently issued two decisions affecting employers in the state. In one, the high court overruled a 30-year-old precedent that excluded disabilities covered by the Minnesota Workers’ Compensation...more

Chartwell Law

Determining the First Day of Disability

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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

White and Williams LLP

Pennsylvania Supreme Court Declares Future Credit on Medical Benefits Dead

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On June 19, 2018, the Pennsylvania Supreme Court decided Whitmoyer v. WCAB (Mountain Country Meats), No. 52 MAP 2017, 2018 Pa. Lexis 2995. The decision reversed longstanding Pennsylvania law and the Commonwealth Court’s...more

McNees Wallace & Nurick LLC

Avoid Jumping to Conclusions About Compensability of Work Injuries Caused by an Employee’s Intentional, High-Risk Conduct

What should a Pennsylvania employer do when an employee seeks workers’ compensation benefits after injuring himself by engaging in risky behavior at work? ...more

Pullman & Comley, LLC

Appellate Court Notes

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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

Troutman Pepper

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

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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

McNees Wallace & Nurick LLC

Workers' Compensation Update Impairment Rating Evaluations

Last Friday, September 18, the Commonwealth Court issued an interesting decision invalidating Section 306 (a.2) of the PA Workers' Compensation Act dealing with Impairment Rating Evaluations (IREs), as an unconstitutional...more

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