Workers' Compensation Defense

News & Analysis as of

Utilizing the Misrepresentation Defense: Practical Tips for Employers

Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management. An employer can plead the affirmative...more

Texas Supreme Court Clarifies Employer Liability on Obvious Risk in Workplace Injuries

It's not too often that we hear of an employer being able to escape liability for a workplace injury, where the injury does, in fact, happen to an employee and it happens in the workplace. Below, we'll discuss a case where an...more

California Insurance-Related Bills Meet Deadline for Passage in 2015

The deadline for Assembly bills to be passed by the California Assembly and for Senate bills to be passed by the California Senate was June 5. Bills that met the deadline are eligible for enactment this year. Bills that...more

Merkens v. Federal - Injured Worker Who Failed To Challenge Termination Of Workers’ Comp Benefits In Industrial Commission Cannot...

The court of appeals affirmed. A workers’ compensation carrier can commit the tort of bad faith in two ways: (1) the intentional and unreasonable denial of a claim (“bad faith denial of benefits”); or (2) the intentional and...more

Compensability of Idiopathic Conditions Under the North Carolina Workers’ Compensation Act

A challenging area of defense of workers’ compensation claims in North Carolina is that of pre-existing or idiopathic conditions. The North Carolina Court of Appeals has recognized and adopted the two definitions of...more

Timing and Consistency in Employee Discipline

A recent case decided by the Connecticut Appellate Court illustrates the importance of timing and consistency in administering employee discipline. In Barbee v. Sysco Connecticut, LLC, an opinion released on April 28, 2015,...more

NC Court of Appeals Addresses Causation Standard for Workers’ Compensation “Misrepresentation Defense”

As discussed in my previous post, for claims arising on or after June 24, 2011, there is a new misrepresentation defense available to employers facing workers’ compensation claims. An Employer must prove all of the following...more

Workers’ Compensation Cost Containment for the North Carolina Employer: Effectively Asserting the Misrepresentation Defense

On June 24, 2011, then-Governor Beverly Purdue signed H 709—”Protecting and Putting North Carolina Back to Work Act” into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense...more

Playing The Workers Compensation Game In Texas

Who needs workers compensation coverage? If you are a business owner in Texas, maybe not you. Texas is one of the few states that allows business owners to opt out of carrying workers compensation insurance coverage for its...more

Illinois Supreme Court Holds Treasurer Needs Appeal Bond Too

Earlier this month, a unanimous Illinois Supreme Court held in Illinois State Treasurer v. Illinois Workers’ Compensation Commission that the State Treasurer, when appealing a workers’ compensation award in a case where he...more

Sorry, Honey! What's Mine is Not Yours.

In Iowa, an employer directs medical care in an accepted workplace injury and may lawfully deny treatment unrelated to the injury. In a recent case, Hoyt v. Wendling Quarries and United Heartland, treatment was found...more

Due Process Requires the Right to Cross-Examine a Workers' Compensation Applicant

On January 29, 2015, the Court of Appeal, Second Appellate District, ordered the publication of Ogden Entertainment Services v. WCAB (Ritzhoff), (B254082), previously a non-certified opinion that issued on December 31, 2014....more

Make Surveillance Worth the Money

A largely sedentary/stationary workforce is a luxury in the world of Workers’ Compensation law because the idea of a disabling work injury, or a nagging, high cost medical recovery period, seems to be a remote possibility. ...more

Is An Injury Sustained by an Employee While Participating in a Workplace Wellness Program Compensable Under the Workers'...

With the new year upon us, chances are that your employees are making those age old resolutions to lose weight, get fit, and exercise more. And, if you sponsor or offer an employee wellness program, your employees might be...more

NC Industrial Commission Update: New Form 24 Application Effective 11/1/2014

As of November 1, 2014, defendants must use a new Form 24 Application to adhere to the changes implemented by the Industrial Commission as part of amended Rule 404 of the Workers’ Compensation Rules of the North Carolina...more

How to Avoid Pitfalls When Filing Your Form 24 Application

The first three parts in this blog series have addressed situations where defendants may terminate TTD benefits without first securing Industrial Commission approval; situations where Form 24 Applications need to be filed;...more

Checklist of Affirmative Defenses for NC Comp Claims

Although arguably the most important determination an adjuster makes when a claim is filed is whether or not the claim is compensable, before even contemplating that question, the adjuster should consider whether or not the...more

2014 NC Case Law Update

Below is a summary of significant 2014 Workers Compensation cases decided by the Courts, along with “practice tips” for addressing these issues. Covered topics include: Medical Causation, notice defenses, subsequent...more

Navigating Attendant Care Issues: When Did the Claim Arise?

As a workers’ compensation adjuster, you may occasionally handle cases involving attendant care issues. When you do have a case involving attendant care issues, you will need to mindful of when your claim arose because...more

How to Assert the Misrepresentation Defense to NC Workers’ Compensation Claims

The North Carolina Workers’ Compensation Act now allows an employer to plead an affirmative “Misrepresentation Defense” when an employee intentionally misrepresents his/her physical condition when entering into the employment...more

Polsinelli Podcasts - Safely Navigating the ADA, FMLA & Worker's Compensation Laws [Video]

Polsinelli Podcast to preview the firm's complimentary 2014 Labor and Employment Webinar Series with Employment Law attorney Gillian MKean Bidgood. The Employment Law Bermuda Triangle – Safely Navigating the Confluence of...more

U.S. District Court Judge Bars Plaintiff’s Individual Disability Claims in Their Entirety by Application of the Doctrine of...

In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its...more

When a Win is Not a Win- Stay Orders

If an injured worker in Nevada successfully convinces a hearing officer to reverse an adjuster's action on a claim, the insurer and/or the employer has the right to file an appeal to an appeals officer. The insurer or...more

South Carolina Supreme Court Finds Workers' Compensation Covers Employee's Injuries Suffered During Kickball Game

Employers seeking to boost employee morale and encourage team building often encourage or require their employees to attend company outings ranging from annual company picnics to softball games. Although companies intend for...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

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