News & Analysis as of

Workers' Compensation Claim

Marshall Dennehey

Waiting on a Workers' Compensation Lien Reimbursement in New Jersey? You May Have to Wait a Little Longer. Section 40 and the...

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Key Points: The New Jersey workers’ compensation statute and applicable case law protects employers’ worker’s compensation lien rights against an injured worker’s third-party recovery....more

Goldberg Segalla

Fraud Doesn't Pay in New York – August 2024 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce our latest installment of our continued success in fraud litigation. This report was originally conceptualized three years ago as a one-time...more

Stark & Stark

Understanding Your Rights: Workers’ Compensation in New Jersey

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Navigating the aftermath of a workplace injury can be overwhelming. However, knowing your rights under the New Jersey’s workers’ compensation laws can provide the clarity and confidence needed to ensure you receive the...more

Littler

Revised Poster Requirement in Massachusetts Starting September 16, 2024

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The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024....more

Marshall Dennehey

Superior Court Affirms IAB Decision Enforcing Workers’ Compensation Settlement Agreement and Rejected Claimant’s Attorney’s...

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Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024) - Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident,...more

Marshall Dennehey

A Judge of Compensation Claims Must Be Specific When Awarding Non-professional Attendant Care to a Family Member

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Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, DCA#: 22-1485, Decision date: May 08, 2024 - The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claimant...more

Chartwell Law

The Chartwell Chronicles: New Jersey Attorney Fees

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In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more

Chartwell Law

New Law Raises Workers' Compensation Attorney Fees in New Jersey

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On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed into law S2822/A3986, a bill that increases the potential counsel fees for petitioner’s attorneys in workers’ compensation cases from 20% to 25% of the...more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

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Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Chartwell Law

Revised Massachusetts Workers' Compensation Notice to Employees Poster

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The Massachusetts Department of Industrial Accidents has revised the Notice to Employees poster, and all employers are required to utilize and repost the updated version by September 16, 2024. Complying with this new...more

Stark & Stark

What Are the Different Kinds of Workers’ Compensation Settlements in New Jersey?

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In New Jersey, your workers’ compensation claim can be settled in one of two ways: an Order Approving Settlement or an Order Approving Settlement with Dismissal....more

Woodruff Sawyer

Workers’ Comp: The Fine Line Between Abuse and Fraud

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Workers’ compensation (WC) insurance is designed to protect employees who suffer work-related injuries or illnesses and offer crucial support during times of need. However, there is a darker side to this coverage—the...more

Bricker Graydon LLP

Boost Workplace Safety and Lower Ohio Workers’ Comp Premiums with a Drug-Free Safety Program

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All Ohio employers are required to maintain workers’ compensation insurance coverage for their employees, which can be a significant business expense. ...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

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This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Marshall Dennehey

Delaware Supreme Court Affirms the Decisions of the IAB and Superior Court, Holding That an Employer Correctly Paid for Ketamine...

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Taylor v. State of Delaware, 2024 WL 1209292 (Del. Super. Mar. 21, 2024) - Ms. Taylor injured her right wrist in 2016 while working as a teacher for the State. Her injury eventually developed into complex regional pain...more

Marshall Dennehey

Appellate Division Vacated and Remanded a Trial Court Order Denying Employer’s Application for Satisfaction of Its Workers’...

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N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024) - In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor. In...more

Marshall Dennehey

Appellate Division Finds That Paid Status During a Break Does Not Mandate Workers’ Compensation Coverage and Affirmed the...

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Latshaw v. Lakewood Twp. Police Dep’t, No. A-3702-21 (Mar. 25, 2024) - The petitioner appealed the dismissal of her workers’ compensation claim. She was working for the respondent as a dispatcher, and on her meal break in...more

Marshall Dennehey

Excluding Counsel Fees From Payment of Future Medical Benefits Based on Future Medical Expenses as Speculative is Contrary to Sec....

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Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough - In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The...more

Marshall Dennehey

Under Section 440 of the Act, an Unreasonable Contest Will Always Result in an Award of Attorney’s Fees and a Reasonable Contest...

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Glenny Torres v. Amazon.com Services LLC (WCAB); No. 1398 C.D. 2022; filed Apr. 9, 2024; Judge Wallace - In this case, a workers’ compensation judge granted a Claim Petition and ordered payment of benefits for a September 17,...more

Chartwell Law

Implications of Job Growth on Workers’ Compensation Claims

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The U.S. Labor Department reported in May 2024 that 272,000 new jobs were added to the labor force. This significant increase naturally leads to a rise in workers’ compensation premiums due to higher wages and an increase in...more

Goldberg Segalla

[Webinar] Construction Site Accidents: The Benefits of Collaborating Workers’ Compensation and General Liability Defense - July...

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For the best possible outcome in both cases, we encourage timely and active collaboration between workers’ compensation defense counsel and general liability defense counsel. Join Goldberg Segalla partner Ryan Allen to learn...more

Stark & Stark

Navigating Workers' Compensation for Repetitive Stress Injuries

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The term ‘repetitive stress injury’ covers a wide variety of conditions. A Repetitive stress or strain injury happens when too much stress is placed on a given body part and can result in pain, swelling, muscle strains, and...more

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 &...

Appellate Court Affirms Judge’s Discretion in Findings of Fact and Credibility

On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more

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