Workplace Injury Appeals

News & Analysis as of

California Court of Appeal Reaffirms Hurdles to Overcoming Rating Presumption

In Contra Cost County v. Workers’ Compensation Appeals Board, and Dahl, Case No. A141046 [WCAB No. ADJ1310387], filed September 24, 2015, the California Court of Appeal, First Appellate District, annulled a Workers’...more

Workers' Compensation Update Impairment Rating Evaluations

Last Friday, September 18, the Commonwealth Court issued an interesting decision invalidating Section 306 (a.2) of the PA Workers' Compensation Act dealing with Impairment Rating Evaluations (IREs), as an unconstitutional...more

Last Minute Write-Up Has Unintended Negative Legal Results

Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more

Health Alert (Australia) - August 17, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales (NSW) 13 August 2015 - Waller v James [2015] NSWCA 232 The NSW...more

Appellate Court Notes

Appellate Court Advance Release Opinions: - AC35173 - State v. Mosback - AC36907 - Rodriguez v. Commissioner of Correction - AC36499 - Zilkha v. Zilkha After a judgment of dissolution, the plaintiff...more

Jury Must Decide Whether Facts Exist to Suspend the Accrual of the Statute of Limitations Under The Discovery Rule

Ismael Rosas v. BASF Corporation, et al. - Court of Appeal, Second Appellate District, Division Five (May 21, 2015) - he general rule regarding statutes of limitation is that they do not begin to run until a cause...more

Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

Delay in Calling 911 After Accident Results in Willful OSHA Violation

Last week, the Seventh Circuit Court of Appeals affirmed a willful OSHA citation against an employer that delayed calling for emergency services for 90 minutes after an employee became trapped in a permit-required confined...more

Insurance Recovery Law - May 2015

California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded - Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more

The InterConnect FLASH! - April 2015: Be On Guard: North Carolina Decision Continues Worrisome Trend

On March 17, 2015, in Atiapo v. Goree Logistics, Inc., the North Carolina Court of Appeals affirmed an Industrial Commission Opinion and Award holding that Owen Thomas, Inc. (“Owen Thomas”), a federally licensed...more

Bad Faith Sentinel - April 2015

In This Issue: - En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury -...more

NC Court of Appeals Sets New Precedent for Employers

Yesterday, in a precedent setting opinion, Gonzalez v. Tidy Maids, Inc. et al., the North Carolina Court of Appeals held that when an employer has accepted a claim for benefits by filing a Form 63 and fails to contest the...more

House Painter With Vertigo and Restriction to Work “at Ground Level” Loses FEHA Case

Garcia v. California Department of Corrections & Rehabilitation, No. ECU05684 (January 16, 2015): In a recent unpublished ruling, the California Court of Appeal affirmed a directed verdict in favor of the California...more

Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

In Velasquez v. Centrome, Inc. (No. B247080, filed 1/30/2015) the Court of Appeal, Second District, held that a trial judge’s disclosure to the panel of prospective jurors of plaintiff’s status as an undocumented alien was...more

Wisconsin Supreme Court 2013-2014 Term Summary Part 3: Recap of Cases Affecting Wisconsin Businesses

This post is the third in a series of posts analyzing the 2013-14 term of the Wisconsin Supreme Court. This post provides in a nutshell what businesses need to know about the cases from last year’s term of the...more

Nevada Workers Compensation: Hearings and Appeals Overview [Video]

Nevada workers compensation law attorney, Virginia Hunt, gives you an overview of the hearing and appeals process. Related links: Appeals - Virginia's...more

Hearings and Appeals Statistics for 2012

If you are wondering how often the hearings or appeals officer rule in favor of insurers or injured workers, here are a few statistics from the Department of Administration Hearings Division that may give you a rough idea. ...more

Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water

The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly...more

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