Workers' Compensation Defense

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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

Ohio Supreme Court says “NO” to Post-Retirement Temporary Total Compensation

On August 27, 2014, the Ohio Supreme court issued its unanimous opinion in State, ex rel. Floyd v. Formica Corp., 2014-Ohio-3614, ruling that where a claimant voluntarily retires from the workforce following an injury, he 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

Potential Employer Liability for Late Manifesting Occupational Diseases [Video]

In November 2013, the Pennsylvania Supreme Court shifted from prior precedent and held in Tooey et al. v. AK Steel Corp. that former employees may bring lawsuits against their former employers based upon certain late...more

North Carolina Supreme Court Allows Termination of TTD Benefits on General Economic Conditions

Employees injured on the job who are terminated by their employer are generally entitled to collect temporary total disability (TTD) benefits under the Workers’ Compensation Act until they are able to locate suitable...more

Supreme Court denies chronic stress WCB claim after employee reacted to disciplinary letter

The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits for “chronic stress” which he said resulted from a disciplinary letter that followed years of conflict over another workplace...more

Missouri Supreme Court Abandons Exclusive Causation Requirement for Worker’s Compensation Retaliatory Discharge Claims

In Templemire v. W&M Welding, Inc., -- S.W.3d -- , (Mo. 2014), No. SC93132, 2014 WL 1464574, the Missouri Supreme Court threw out its long-held interpretation of section 287.780, RSMo requiring a plaintiff in a worker’s...more

Litigating a Nonsubscriber Case: Prohibited Affirmative Defenses

Although the benefits to becoming a nonsubscriber under the Texas workers’ compensation system are manifold, employers who choose to become nonsubscribers do need to be aware of hurdles that the Texas Legislature put into...more

Employers Beware: Missouri Supreme Court Heightens the Risk of Dismissing Employees Who Filed Workers Compensation Claims

The Missouri Supreme Court recently overruled the long-standing “exclusive” causation standard for worker’s compensation retaliation claims and held that an employee only needs to demonstrate that filing a worker’s...more

Missouri Supreme Court Lowers Burden of Proof For Workers’ Compensation Retaliation Claims

The Missouri Supreme Court has issued a decision that significantly lowers the burden of proof for employee claims of workers’ compensation retaliation under the law. Under the new standard announced in Templemire v. W&M...more

Subrogation Alert - Hodges v. Federal-Mogul Corporation

A recently-published decision of the U.S. District Court for the Western District of Virginia should be expected to have an immediate impact on the use of expert testimony in subrogation cases in that region. The case,...more

Court of Appeals Upholds Commission’s Order that Claimant Suffered No Change of Condition

The South Carolina Court of Appeals recently upheld a South Carolina Workers’ Compensation Commission’s decision that a Claimant suffered no change of condition in Carter v. Verizon Wireless (Op. No. 5191, refiled April 16,...more

Missouri Supreme Court Lowers Employees’ Burden Of Proof In Workers’ Compensation Retaliation Claims

The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

California Supreme Court Agrees to Decide Temp Disability Benefits for Police Officers

In the only civil review grant from last week’s conference, the California Supreme Court agreed to review the Third District’s decision in Larkin v. Workers’ Compensation Appeals Board. Larkin involves an issue of what...more

Appellate Court Notes - Week of April 21

SC18877 Concurrence - Sarrazin v. Coastal, Inc. - Foreman for a plumbing contractor sued the company claiming he was entitled to overtime for traveling to job sites all over the state as he had to do so in a company...more

Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The...more

Workers' Compensation Board Appellate Division Updates

Handicapped-accessible housing as a "physical aid" under 39-A M.R.S. § 206(8) - In Chapman v. VIP, Inc., Me. WCB App. Div. No. 14-9 (March 10, 2014), at issue was the payment of rent premium due to an asserted need for...more

California Supreme Court To Consider Causation in Workers Comp for Medication-Related Injuries

In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing poses...more

Deliberate Intent: Beyond Workers’ Compensation and Into the Assets of Your Business

A recent November 2013 case from the North Carolina Court of Appeals provides the perfect opportunity to remember when your business or your supervisors can be held liable for workplace injuries....more

Employer’s Notice Of Controversion (LS-207) Does Not Eviscerate Holding Of Andrepont

The United States Court of Appeals for the Fourth Circuit, in Lincoln v. Director OWCP (Ceres Marine Terminals, Inc.) No. 13-1594 (March 11, 2014), was recently asked to address the effect of the employer filing a notice of...more

Fifth Circuit Expands Coverage of Jones Act, Rules That Shipyard Employee Injured in Shore-Based Crane Incident is a Seaman

In a ruling that will likely send shockwaves through the maritime industry and be considered a landmark decision in years to come, a divided panel of the Fifth Circuit in Naquin v. Elevating Boats, L.L.C., --- F.3d ---,No....more

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