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Workplace Injury Disability Benefits

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

Marshall Dennehey

Reporting an Injury via a Petition for Benefits Within 30 Days of the Alleged Accident Does Not Fulfill the Notice Requirement

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Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024 - The claimant, a senior claims adjuster, worked remotely in Orlando and once a quarter went to...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On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – June 2024

Winkelman v. Sumitomo Rubber USA (3rd Dept. 6/20/24). This Appellate decision affirmed the Board’s finding of no Section 114a violation. Here, the claimant worked as a tire development engineer. He tripped and fell in May...more

Marshall Dennehey

Appellate Division Affirmed Workers’ Compensation Orders Denying Medical Treatment and Finding Lack of Causation.

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Driscoll v. Costco, No. A-2789-21 (Feb. 20, 2024) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical and temporary benefits and two other orders denying her motions...more

Marshall Dennehey

Act 111 is Not an Unconstitutional Special Law Regulating Labor, and an IRE Physician’s Evaluation is Competent to Support a...

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Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough - The claimant underwent an Impairment Rating Evaluation (IRE) on September 20, 2011, following a July 5, 2005,...more

Marshall Dennehey

Delaware Supreme Court Affirms IAB Decision and Rejects Employer’s Arguments That Superior Court Civil Rule 41(a)(1) and the...

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United Parcel Service v. Hawkins, No. 233, 2023, 2024 WL 666726 (Del. Feb. 19, 2024) - The claimant was injured in a work accident on October 28, 2018. On December 9, 2019, he filed a Petition to Determine Additional...more

Marshall Dennehey

Judges of Compensation Claims Have the Authority to Take a Flexible and Holistic Approach to Permanent Total Disability Claims as...

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Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037; JCC: Massey; Decision date: Nov. 29, 2023 - The employer/carrier in this matter appealed the judge of compensation claims’ award of...more

Fisher Phillips

Employers Win Big Under Ohio Supreme Court’s Workers’ Comp Ruling: Here’s What You Need to Know About Recouping Overpayments

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Employers faced many obstacles over the last few years, but the Ohio Supreme Court just gave them a welcomed boost in a ruling that should significantly reduce workers’ compensation claim costs. In a highly contentious 4-3...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more

Marshall Dennehey

Appellate Division Affirmed the Workers’ Compensation Judge’s Orders, Granting the Petitioner’s Application for Temporary Total...

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Soto v. Hoosier Care, Inc., No. A-0507-22 (Dec. 11, 2023) - The petitioner was injured in 2018 and resolved her case for 25% partial-total disability in 2021. In 2018, she had returned to work for Complete Care as a certified...more

Bricker Graydon LLP

The Turning Tides of Temporary Total Disability Compensation

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This month, the Ohio Supreme Court altered the landscape of more than 25 years of workers’ compensation legal precedent in an employer-friendly decision concerning termination of Temporary Total Disability compensation....more

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

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A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Stands Firm: Upholding Lower Court Decision on Causation and Credibility

In keeping with past trends, the New Jersey Appellate Court has again refused to overturn a lower court decision that was based on the assessment of a witness’s credibility and competent evidence. In Smith v H&M...more

Marshall Dennehey

Temporary Total Disability Benefits Were Properly Reinstated as of the Date Claimant Filed a Protz Constitutional Challenge, and...

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Howard Dunetz v. Charles H. Sacks, D.M.D., P.C. (WCAB); No. 302 C.D. 2022; filed Oct. 26, 2023; Judge Cohn Jubelirer - The claimant sustained a work injury in May 2007. Subsequently, the status of his benefits was changed...more

Weber Gallagher Simpson Stapleton Fires &...

Is an Employee Entitled to Temporary Total Disability Years After They Have Left Your Employ and Their Disability Recurs?

The Superior Court addressed a rather convoluted fact pattern in determining whether an injured worker is entitled to a resumption of their temporary total disability benefits even though they have left the time of injury...more

Cranfill Sumner LLP

Beyond the 500-Week Limit: Understanding Extended Compensation under the North Carolina Workers’ Compensation Act

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Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!...more

Cranfill Sumner LLP

Now You See Me, Now You Don’t: All Things Related to the Compensability of Eye Injuries and Defense of Eye Injury Claims

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Under the North Carolina Workers’ Compensation Act, the total loss of a member or loss of vision is a compensable injury....more

Cranfill Sumner LLP

Just in Case You Didn't (c) It the First Time

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With respect to workplace injuries, The North Carolina Workers’ Compensation Act is a legislative fix to a common law problem. The Act is sometimes called “the grand compromise”  because it was crafted so as to balance the...more

Weber Gallagher Simpson Stapleton Fires &...

Maximum Medical Improvement: Now You See It, Now You Don't

As you may know, under the New Jersey Workers’ Compensation Statute (Section 15) and case law, the respondent/employer is responsible for providing medical treatment to cure and relieve the effects of a workers’ compensation...more

Foster Swift Collins & Smith

Michigan Supreme Court Revisits Mental Disability Standard

In a July 28, 2023 decision, the Michigan Supreme Court revisited the criteria for compensability under the Michigan Workers’ Compensation Disability Act (WCDA) in cases involving mental disabilities arising from workplace...more

Dinsmore & Shohl LLP

New Appeals Court Decision Limits Employers’ Ability to Fight Temporary Total Disability Following Termination

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In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause....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

Bricker Graydon LLP

Salary Continuation or Temporary Total Compensation, which should I choose?

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​​​​​​​An employee is injured on the job and cannot immediately return to work. Whether to offer salary continuation or permit temporary total disability compensation to be paid under the workers’ compensation claim is a...more

Roetzel & Andress

Ohio Supreme Court Reaffirms Employer’s Right to Raise Voluntary Abandonment

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In two separate rulings, the Supreme Court of Ohio reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. House Bill 81 (H.B. 81),...more

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