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Workplace Injury Appeals Workers' Compensation Claim

Marshall Dennehey

Workers’ Compensation Appeal Board Violates Long-standing Workers’ Compensation Principles by Overturning Credibility Findings...

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Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...more

Morris James LLP

How do I appeal a workers’ compensation decision?

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In Delaware, employees injured on the job are often entitled to workers' compensation benefits for medical expenses and wages lost by being unable to work during recovery. However, in some cases, the injured worker's claim...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Overturns Award of Excessive Counsel Fees by WC Judge

In an interesting decision, the Appellate Court (Garzon v Morris County Golf Club,  App Div. decided December 23, 2022) overturned the awarding of counsel fees for permanency and fees on a Motion for Medical Temporary Total...more

Laughlin, Falbo, Levy & Moresi LLP

“You’re really here for a panel dispute?” – WCJ

When Labor Code Sections 4060, 4061, 4062, 4062.1 and 4062.2 were enacted, the panel Qualified Medical Evaluator (QME) process was supposed to be simpler and less costly. As is often true, the legislation did not necessarily...more

Snell & Wilmer

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

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In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company,...more

Weber Gallagher Simpson Stapleton Fires &...

If at First You Don't Succeed, Appeal and then Appeal Again - Unless You Are Out of Time

In a recent decision, New Jersey Transit’s Motion to Dismiss was affirmed by the Appellate Court on February 2, 2022. The petitioner had appealed from the October 7, 2020 Order of the Workers' Compensation Court granting the...more

Weber Gallagher Simpson Stapleton Fires &...

Workers’ Comp Award Affirmed by Appellate Division in Unusual Appeal and Trial with Pro Se Petitioner

In an unpublished decision by the Superior Court on September 30, 2021, the Appellate Division affirmed an Order from the Workers’ Compensation Judge (WCJ) finding a 25% permanent partial disability following a work-related...more

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

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Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Genova Burns LLC

A Forklift Operator Walks into a Bar

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On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more

Jackson Lewis P.C.

Delaware Court Upholds Denial Of Workers’ Compensation Benefits For Medical Marijuana Costs

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The compensability of medical marijuana costs for a workers’ compensation claim turns on an individualized inquiry of whether such treatment is reasonable and necessary, and not whether the use of medical marijuana is...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court Of Georgia Revises “Rest Break Exception” To Workers’ Comp: But How Farr Did Frett Go?

In its June 16 decision in Frett v. State Farm Employee Workers’ Compensation, the Supreme Court of Georgia overruled an 85-year-old decision which held that workplace injuries incurred during “scheduled rest breaks” were not...more

Genova Burns LLC

NJ Appellate Division Clears Haze About Workers’ Compensation Prescribed Medical Marijuana

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On January 13, 2020, the Appellate Division ruled that medical marijuana may provide a reasonable and necessary form of treatment in workers’ compensation cases. In Hager v. M&K Construction, the Appellate Division affirmed a...more

Littler

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

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On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

Cozen O'Connor

NJ Court of Appeals OKs Reimbursement of Employee Medical Marijuana Costs

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In a case of first impression, a New Jersey Appellate Division panel ruled on Monday, January 13, 2020, that an employee’s costs to use medical marijuana to treat his chronic pain caused by an on-the-job injury can legally be...more

Snell & Wilmer

Under Construction - October 2019: "Coming and Going" Does Not Include the Parking Lot

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In its 55th opinion this year, the Utah Supreme Court clarified that worker’s compensation applies to an employee who is injured not only on the employer’s premises, but also on the premises of another “in such proximity and...more

McAfee & Taft

Workers’ Comp Commission declared rightful forum for related discrimination and retaliation claims

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On May 21, 2019, the Oklahoma Supreme Court issued a long-awaited decision that is good news for employers and, at least for now, finally makes clear there is only one path for filing workers’ compensation-based...more

Haight Brown & Bonesteel LLP

Compensable Consequence Injuries See a Revival

In Wilson v. State of California Department of Forestry and Fire Protection, ADJ10116932 (filed 5/10/19), the Workers’ Compensation Appeals Board held in an en banc decision that determination of whether an injury is...more

Chartwell Law

Determining the First Day of Disability

Chartwell Law on

Valley Stairs and Rails v. WCAB (Parsons), No. 110 C.D. (Cmwlth Ct. 2019) - In Valley Stairs, the Commonwealth Court addressed the issue of the date a claimant’s workers’ compensation benefits become payable, under Section...more

Chartwell Law

When a Physician Demands Fees Above the Florida Statutory Fee Schedule

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On March 7, 2019, the Florida 1st District Court of Appeals addressed “what happens when a workers’ compensation claimant seeks care from a doctor who—as a condition of continued treatment—demands compensation above and...more

Dentons

Idiopathic Falls Re-Examined

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Note: There has been an update to this post due to legislation passed during the 2019 Iowa Legislative session. ... The Iowa Supreme Court recently issued a decision that re-examined compensability of idiopathic injuries,...more

Cranfill Sumner LLP

“A Right to Privacy?”

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What privacy rights is a Plaintiff afforded for the medical information related to a workers’ compensation claim? Mastanduno v. Nat’l Freight Industries - The opinion arose from an interlocutory appeal by the plaintiff...more

McNees Wallace & Nurick LLC

Avoid Jumping to Conclusions About Compensability of Work Injuries Caused by an Employee’s Intentional, High-Risk Conduct

What should a Pennsylvania employer do when an employee seeks workers’ compensation benefits after injuring himself by engaging in risky behavior at work? ...more

Hinshaw & Culbertson LLP

Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive...

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Employers Now Subject to Tort Lawsuits for Temporary Workers’ Workplace Injuries

On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more

Burr & Forman

What's good 'notice' of a workplace injury in South Carolina?

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Many readers know that statutory protections passed by state legislatures and Congress are often written to favor the rights of employees. One such statute is South Carolina’s workers’ compensation law. The law requires...more

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