News & Analysis as of

Workers' Compensation Claim

Industrial Commission No Longer to Allow Carriers to Directly File Motions and Responses (Form 24s, 23 Responses, etc.)

Meredith Henderson, the North Carolina Industrial Commission’s Executive Secretary, has announced that beginning Monday, September 18, 2017, the Commission will no longer accept Motions or Motion Responses filed by adjusters....more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

by Fisher Phillips on

This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more

Several Pertinent Changes to Workers' Compensation Laws

by Reminger Co., LPA on

Recently, Governor Kasich passed the Workers’ Compensation Budget under H.B. 27. In doing so, there were also some changes in several of the laws affecting the workers’ compensation system. Not only did Governor Kasich...more

Waiving Legal Arguments

In Bentley v. Jonathan Piner Construction, the N.C. Court of Appeals addressed when a legal issue would be deemed waived by a party. The Court also addressed whether an injured worker was an independent contractor or...more

Average Weekly Wage – Fair and Just?

The Ball v. Bayada Home Health Center, __ N.C. App. ___, (2017), decision is a good reminder that N.C.G.S. § 97-2(5) provides five different methods to calculate average weekly wage, depending on the facts and circumstances...more

What Issues May Employers Be Required to Address as Hurricane Irma Threatens?

by FordHarrison on

As Florida and the East Coast of the U.S. brace for Hurricane Irma, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses...more

Twin City Fire Ins. Co. v. Leija - Workers’ Compenstation Insurer’s Subrogation Lien on Settlement Proceeds Can Be Reduced by...

An injured worker who accepts workers’ compensation cannot sue his employer. If the worker obtains settlement funds from a third party, the workers’ compensation carrier may obtain a lien on that recovery to the extent of the...more

Ohio Makes Significant Changes To Workers' Compensation Laws

by Roetzel & Andress on

Ohio Governor John Kasich recently signed House Bill 27 into law, starting the clock running on several significant changes to Ohio’s Workers’ Compensation statutes. The amendments are effective September 29, 2017....more

How Utah evaluates a worker’s entitlement to PTD benefits

by Kirton McConkie PC on

Have you ever thought about how the word “limit” de­fines our perceptions of and interactions with the world around us? The concept of a “limit” engenders thoughts of a bound­ary, an edge, or an end. When we say something is...more

Chemical Exposures & The Cancers They Cause

by Howard Ankin on

Chemical exposure in the workplace poses a significant risk to all workers and can cause everything from skin problems to respiratory illnesses. As of 2014, roughly 8.8% of all work-related fatalities were attributed to...more

New Texas Laws Taking Effect September 1, 2017

by FordHarrison on

Though employment issues were not the focus of the 85th Regular and Special Legislative Sessions of the Texas Legislature, Texas employers should be aware of a handful of new Texas laws which take effect September 1, 2017....more

New South Carolina Decision Impacts How Employers Classify Workers

This blog has previously covered the potential pitfalls of classifying workers as independent contractors. While classifying a worker as a “1099” offers many potential benefits on the business side, it can expose the company...more

Employee Given Two Bites of the Intentional Infliction of Emotional Distress Apple

It is well-established that the workers’ compensation system serves as the exclusive remedy for an employee who suffers injuries arising during the course and scope of employment, including psychiatric injuries. Recently,...more

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

by Jones Day on

On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

Wave of the Future or a Step Too Far? Wisconsin Company Offers Employees Microchip Implants, Employment Issues Abound

While we may now take Tesla’s connected world for granted, one cannot help but wonder what readers thought of his predictions in 1926 when he made the above statements in a magazine interview. It remains to be seen whether a...more

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

by Ruder Ware on

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

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

by Foley & Lardner LLP on

Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

A Seemingly Important Win for Wisconsin Worker’s Compensation Insurance Carriers and Employers

by Ruder Ware on

On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative...more

Pennsylvania Supreme Court Decision in Protz Marks Major Change in Workers’ Compensation Law

Prior to June 20, 2017, a powerful tool was available to employers and workers’ compensation carriers to cap exposure on long term workers’ compensation claims. That tool, provided by the Act 44 amendments in 1996, was...more

ERISA 2nd Cir.: Four Things to Know When Trying to Offset Personal Injury Lump Sum Settlements — It Can Be Off-Putting and Tricky

You already know that most ERISA plans allow the Plan to reduce or offset long term disability payments by amounts the disabled worker receives from workers compensation or Social Security....more

Legal Alert: A New Opinion in Clemmons v. Lowe’s Home Center and the Law of Unintended Consequences

by Collins & Lacy, P.C. on

The Supreme Court withdrew its opinion in Clemmons v. Lowe’s Home Center and replaced it with a new opinion. The Court removed the language regarding the fact that Clemmons was actually working at the time of the hearing and,...more

Court Orders Retreat From Workers’ Compensation Apportionment To Non-industrial Causes

Workers’ compensation litigation often is driven by disagreement over the apportionment of permanent disability. A vast body of case law exists reflecting the courts’ efforts to resolve conflicts between the provisions of the...more

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

The End of the IRE Process (as we know it)

by Tucker Arensberg, P.C. on

Pennsylvania, like many other states, has a statutory section of its Workers’ Compensation law that is devoted to the designation of an impairment rating for an injured worker who is collecting Workers’ Compensation benefits....more

The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting The Workplace

The 2017 Regular Session of the Connecticut General Assembly concluded on June 7, 2017 without passing a budget. As such, the General Assembly will eventually have to convene a “special session”. In the meantime, our...more

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