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Workers Compensation Board Workplace Injury

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – June 2024

This week, the 3rd Department decided on 3 cases on June 27, 2024. Learn more about each of these cases below. DeWolf v. Wayne County. In this occupational hearing loss claim, the Law Judge initially found for the...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – June 2024

Winkelman v. Sumitomo Rubber USA (3rd Dept. 6/20/24). This Appellate decision affirmed the Board’s finding of no Section 114a violation. Here, the claimant worked as a tire development engineer. He tripped and fell in May...more

Marshall Dennehey

Superior Court Affirms Decision Denying Claimant’s Motion to Strike Medical Expert Testimony Regarding Medical Records Produced...

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Trincia v. Dick’s Sporting Goods, 2024 WL 1110401 (Del. Super. Mar. 14, 2024) - Ms. Trincia filed a Petition to Determine Compensation Due that alleged she injured her cervical spine and left shoulder in a work accident on...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – May 2024

This week appeared to be a busy docket for New York workers’ compensation cases. The 3rd Dept. released four opinions on Thursday May 30, 2024. Read their summaries below. Garofalo v. Verizon CV-23-1298....more

Marshall Dennehey

Workers’ Compensation Appeal Board Violates Long-standing Workers’ Compensation Principles by Overturning Credibility Findings...

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Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...more

Weber Gallagher Simpson Stapleton Fires &...

New York Court of Appeals Clarifies WCL § 21(1) in Work Assault Cases: Timperio v. Bronx Lebanon

The New York Court of Appeals issued a decision last week, clarifying the rebuttable presumption of WCL § 21(1) in work assault cases, particularly in a mass shooting scenario. When an injury happens during work, it is...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - May 2024

Two new Appellate Division cases were released on Thursday, May 16, 2024, involving New York Workers’ Compensation....more

Marshall Dennehey

Injuries Sustained by a Claimant While Commuting Were Not Compensable Under the Act as the Claimant Was Not a Traveling Employee...

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Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - April 2024

This week the 3rd Department released three new cases. Learn more below. Dexter Morgan v. Kinray, Inc., et al. (4/25/24) - In this case, the 3rd Dept. upheld a decision disallowing an occupational repetitive use claim. The...more

Marshall Dennehey

A Decision Granting a Claim Petition, but Not Awarding Wage Loss Benefits, Was Supported by Substantial Competent Evidence and,...

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Marie Dennis v. Inglis House (WCAB); No. 1223 C.D. 2022; filed Oct. 12, 2023; Sr. Judge Leavitt - The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January...more

Goldberg Segalla

Form Filing Update: NY WCB Distinguishes Between TTD and PPD Benefits

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Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates Effective July 3, 2023, Forms C-25 and C-27 have...more

Goldberg Segalla

Workers’ Compensation Board Further Scrutinizing Section 32s with Releases and Resignations

Goldberg Segalla on

Key Takeaways - There’s been a significant increase the last month in Section 32 Agreements disapproved, or to which revisions have been demanded, due to a general release or resignation attendant  to same. Until...more

Goldberg Segalla

Fraud Doesn't Pay in New York: August 2022 Update

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Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways - The Workers’ Compensation Board can disqualify a claimant from receiving lost-time benefits under...more

Goldberg Segalla

Fraud Still Doesn’t Pay in New York—May 2022 Update

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Key Takeaways - Under certain conditions, the Workers’ Compensation Board can disqualify a claimant from receiving lost time benefits, according to New York Workers’ Compensation Law 114-a Claims can be overcome when...more

Goldberg Segalla

Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board

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Key Takeaways - The NY Workers’ Compensation Board has announced new Medical Treatment Guidelines—including new Guidelines covering Complex Regional Pain Syndrome—become effective on May 2, 2022. The extensive...more

Goldberg Segalla

Keeping an Eye on the New Eye Disorder Medical Treatment Guidelines from the NY Workers’ Compensation Board

Goldberg Segalla on

Key Takeaways - The NY Workers’ Compensation Board has announced that new Medical Treatment Guidelines—including new Guidelines covering Eye Disorders—become effective on May 2, 2022. The extensive Eye Disorder...more

Goldberg Segalla

New Traumatic Brain Injury Guidelines from NY Workers’ Compensation Board Are Effective May 2

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Key Takeaways - The NY Workers’ Compensation Board has announced that the new medical treatment guidelines—including new guidelines covering Traumatic Brain Injury (TBI)—become effective on May 2, 2022. The guidelines...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Supreme Court Rules on Claimant's Attorney's Fees

Presenting potentially significant exposure to employers, the Pennsylvania Supreme Court just decided Vincent Lorino v. WCAB (Commonwealth of Pennsylvania), addressing the issue of awarding attorney’s fees to a claimant in...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...more

Haight Brown & Bonesteel LLP

Compensable Consequence Injuries See a Revival

In Wilson v. State of California Department of Forestry and Fire Protection, ADJ10116932 (filed 5/10/19), the Workers’ Compensation Appeals Board held in an en banc decision that determination of whether an injury is...more

Chartwell Law

Florida Hindrance to Recovery Doctrine

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The Florida Hindrance to Recovery doctrine entitles an injured employee to receive medical benefits for pre-existing conditions, if the treatment will aid or improve recovery. This doctrine arises out of Florida Statute...more

White and Williams LLP

“Bad Kamara/Good Karma” — Life After Hartford v. Kamara

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How the Pennsylvania Supreme Court’s Decision in Kamara Changes the Legal Landscape for Workers’ Compensation Subrogation and Successfully Moving Forward - On November 21, 2018, the Pennsylvania Supreme Court, in a 5-4...more

Cranfill Sumner LLP

Discretion to Adjudicate an Issue

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May the Commission Determine Issues Not Mentioned By the Parties - Haulcy v. The Goodyear Tire & Rubber Co. - On April 23, 2014, Plaintiff was maneuvering a 55-pound tire at work when she felt pain in her lower back. ...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

Ruder Ware

Wisconsin Court of Appeals Rejects Labor and Industry Review Commission's Worker's Compensation Determination as Unreasonable

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Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time. In an unpublished...more

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