Workers Compensation Awards

News & Analysis as of

Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict...more

We Don’t Feel Your Pain: Massachusetts Limits Recoveries By Workers Compensation Insurers

When an injured employee sues a third party for negligence, the law usually permits her employer’s workers compensation insurer to share in the recovery. Last month, in DiCarlo v. Suffolk Construction Co., Nos. SJC-11854 and...more

Florida’s Workers’ Comp System Goes Back to the Future . . . at the Expense of Your Premiums

On April 16, 2016, the Florida Supreme Court will hear another in a long line of cases brought by plaintiffs’ lawyers trying to turn the clock back on Florida’s Workers’ Compensation Law. Before 2003, employers in Florida had...more

When the Middleman Gets Involved with Workers Comp

Throughout the past decade, an alarming 33 states across the nation have passed laws that either reduce workers compensation benefits, make it more challenging for injured workers to obtain adequate medical care, or create...more

New Year Means New Rate

It is a new year, and with that comes a new maximum compensation rate for workers’ compensation claimants in South Carolina. The new maximum weekly compensation rate for accidents occurring on or after January 1, 2016 is...more

Fraud conviction for worker who collected workers’ compensation benefits after returning to job

A Saskatchewan labourer has pleaded guilty to fraud after having been caught collecting workers compensation benefits following his return to work. He has also been ordered to reimburse the Saskatchewan Workers’...more

OSHA Enacts Regulations Protecting Workers in Confined Spaces

Working in confined spaces poses a particular risk to Chicago employees. Consult a workers’ compensation lawyer at 312.600.0000. Most employees face some type of risk in the workplace, however, those who work in confined...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

California Court of Appeal Bars Plaintiffs’ Wrongful Death Action Involving an Employee Who Used his Employer’s...

The California Court of Appeal for the Second Appellate District affirmed a trial court’s grant of summary judgment in favor of a pipe manufacturer based upon the worker’s compensation exclusivity rule. Melendrez et al. v....more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning. It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product. He has until Sunday, October 11, to...more

Workers’ Compensation Update: Commonwealth Court Clarifies “Written Contract” Requirement for Independent Contractor...

In 2010, the Pennsylvania Legislature enacted the Construction Workplace Misclassification Act (CWMA), which, in part, attempted to clarify who is and is not an independent contractor (in the construction industry) for the...more

Do Contract Workers Qualify for Workers’ Comp Claims?

Non-employees working on a company site are covered for workplace-related claims. But it’s important to seek medical care from the employer’s provider. American workers increasingly labor away in an independent...more

Department of Labor: Most Workers Classified As Independent Contractors Are Employees

On July 15, 2015, the Wage and Hour Division of the Department of Labor declared the misclassification of employees as independent contractors to be "one of the most serious problems" at workplaces in the United States and...more

“Most Workers Are Employees” – DOL Issues Guidance on Misclassification of Workers as Independent Contractors

The U.S. Department of Labor (DOL) issued guidance today alerting employers that “most workers are employees” under the Fair Labor Standards Act (FLSA), and reminding employers that the correct classification of workers as...more

Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

California Supreme Court Lowers The AOE/COE Hurdle In Workers’ Compensation

In South Coast Framing, Inc. v. WCAB, Jovelyn Clark, S215637, May 28, 2015, the California Supreme Court clarified a claimant’s burden of proof in obtaining workers’ compensation benefits. In brief, a claimant meets the...more

Worker awarded WSIB benefits after health and safety officer “grabbed him and threw him to the ground”

In an unusual case, a construction site superintendent has won entitlement to workers compensation benefits after persuading an appeals tribunal that he was assaulted by his employer’s health and safety officer and was not an...more

4 tips on how to handle a workplace injury

In the immediate aftermath of a workplace injury, workers may be shocked and traumatized, worrying about their physical health and the possible future of their families. Employees in Illinois have the right to medical care...more

What can I do if my workers’ compensation has been denied?

It can be an unpleasant shock to discover that your workers’ compensation claim has been denied. As you begin the process of recovering and rebuilding after an accident on the job, it is disturbing to hear a response of “no”...more

Workers' Compensation Update: "Economic Circumstances" and "Fellow Employee"

One tool available to employers to limit workers' compensation benefit payments is the so called "fellow employee" limitation. In general, absent a full recovery from a work-related injury, an employer is obligated to pay...more

Client Alert: Premises Liability Claim Brought by Correctional Officer Not Precluded by Workers’ Compensation Law

In Wright v. State of California (No. A139034, filed 1/30/2015) the First District Court of Appeal held a state correctional officer, who lived on state owned property adjacent to his place of employment, was not precluded,...more

Insurance Guaranty Association Must Pay Workers’ Compensation Claims Of A Former, Non-Member Group Self-Insurer

The North Carolina Court of Appeals has held that the state’s Insurance Guaranty Association is obligated to pay for workers’ compensation claims made or incurred against CompTrust, a former group self-insurer that issued...more

Maine Workers' Compensation Alert: Supreme Court Rules on Application of § 327 Presumption

In Estate of Sullwold v. The Salvation Army, 2015 ME 4 (January 22, 2015), a high-level Salvation Army employee with a history of cardiovascular issues was found dead after a heart attack with his smart phone next to him and...more

Maine Court Upholds Award Of Workers’ Comp - Cautionary Case For Employers That Allow Employees To Work At Home

Presumption of Causation – In Estate of Sullwold v Salvation Army, the court confirmed that in case of death – even when working at home – there is a rebuttable presumption that the death was caused by work, provided...more

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