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Labor & Employment Personal Injury Worker’s Compensation

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more

Total Eclipse of Comp

Examining An Injury Resulting from an Eclipse Under North Carolina Law - On August 21, 2017, many of us in North Carolina looked up at the sun to view the rare phenomenon of a total or near total eclipse. In most...more

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

by Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Top 10 Proposed Changes to Iowa's Workers' Compensation Law

by Davis Brown Law Firm on

The Iowa Legislature is currently reviewing proposed legislation pertaining to Iowa’s Workers’ Compensation laws. The proposed legislation has been introduced as House File 518, with companion Senate File 435. ...more

Work in "Ultrahazardous" Activity Does Not Provide North Carolina Employees with Exception to Workers' Compensation Exclusivity

Workers’ Compensation exclusivity means that for the overwhelming majority of workplace injuries, employees are limited to compensation through the Comp system. Under the North Carolina Supreme Court’s Woodson decision,...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

by Roetzel & Andress on

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

Tort reform, apportionment and immunity

by Reminger Co., LPA on

Applying Ohio’s tort reform legislation to a situation where a non-party is immune from the tort liability in issue has resulted in contradictory holdings. This article originally appeared in the 2016 September/October...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #2

by Field Law on

B. There is no vicarious liability for an occupier of land for the negligence of an independent contractor on the basis of agency. Heikkila v. Apex Land Corporation, 2016 ABCA 126 [4191]...more

Supreme Court Reaffirms Workers Compensation Exclusivity

Workers compensation has been described as a bargain in which an employee who has suffered a workplace injury relinquishes potentially large common-law tort damages in exchange for relatively quick and certain compensation...more

When Can You Sue After a Workplace Injury?

Millions of people are injured in workplace accidents each year, and many victims experience serious and long-term effects as a result of these injuries. Workplace injuries can result in overwhelming medical debt and a...more

Workers’ Compensation premiums remain high despite lowered costs

by Howard Ankin on

In 2011, Illinois passed reforms to workers’ compensation to bring down the costs and it appears to have worked. Rates are down 24 percent, however this has not translated into measurable savings for workers. Workers gave up...more

OSHA Estimates Half of Employers Don’t Report Significant Injuries

by Howard Ankin on

Anytime a worker suffers a significant on the job injury or work related illness that results in lost time from work, medical treatment beyond first aid, loss of consciousness, transfer to another job, restricted work or...more

OSHA Injury & Illness Recording of Intoxicated Employee Injury

by Miller Canfield on

A recent OSHA Interpretation indicates that a workplace injury an employee sustains when he/she is intoxicated must be recorded on the company’s OSHA Injury and Illness Log. OSHA stated that the exception for recording...more

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

by Conn Maciel Carey LLP on

Workplace violence has become a serious issue for employers throughout the United States. In the wake of the recent mass shootings that occurred in San Bernardino, CA and Hesston, KA, both of which occurred at least in part...more

Dempsey v. Bagley, 2016 ABQB 124 - Lessors of Vehicles Still Vulnerable Under Workers Compensation Act

by Field Law on

There were two motor vehicle accidents in the summer of 2006. The plaintiffs and the defendants involved in the accidents were employees of Brinks Canada Limited (“Brinks”). The vehicles in question were owned by PHH...more

The Nature of Workers’ Compensation as Affected by Pain and Suffering

by Partridge Snow & Hahn LLP on

Under the Massachusetts Workers’ Compensation Act, M.G.L. c. 152, § 1, et seq., particularly § 15, an employee who is injured in a work-related incident due to the acts of an unrelated third party may seek redress of that...more

House Bill 1800 – Ripple Effects on Medical Care for Injured Workers

by Tucker Arensberg, P.C. on

While it seems the members of our state legislature have been busy doing nothing but arguing about the budget for the past year – one young state rep has proposed a bill that may have a positive effect on employers seeking...more

The Return of “Mental-Mental:” Will Workers Compensation Again Be Extended to Cover Emotional Trauma?

As my partner Mark Sommaruga observed in a recent post, the current term of the General Assembly may consider extending workers compensation coverage to employees who suffer purely emotional trauma, without a causative...more

A Change in Direction for Change in Condition?

by Collins & Lacy, P.C. on

On January 20, 2016, the South Carolina Court of Appeals handed down its opinion in Russell v. Wal-Mart Stores, Inc., 2016 WL 231216, and held that claimant is not required to prove a change of condition by objective...more

Georgia Supreme Court Interprets the Apportionment Statute in Conjunction with the Workers' Compensation Act

by Womble Bond Dickinson on

This month, the Georgia Supreme Court further extended the reach of the Georgia law addressing the apportionment of liability in tort cases in the case of Walker, et al. v. Tensor Machinery, et al. The Court had recently...more

Workers’ Compensation Mediation – What Employers Need to Know

by Tucker Arensberg, P.C. on

The costs of civil litigation, and uncertainties of a jury trial, have turned mediation into its own cottage industry. Now more than ever, parties involved in civil suits will voluntarily agree to mediate the dispute, with...more

On The Road Again: Where Does Jurisdiction Lie for a Traveling Employee's Out of State Work Injury?

by McNees Wallace & Nurick LLC on

For companies that employ traveling employees, such as truck drivers, dealing with work injuries sustained by such employees can be challenging, because predicting which state will have jurisdiction over the employee's injury...more

Illinois Supreme Court Decision Bars Employee from Bringing a Direct Civil Action against Employer for Alleged Asbestos Exposure...

by Wilson Elser on

In Folta v. Ferro Engineering, Ill.S.Ct. Docket No. 118070, Nov. 4, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision and held that a personal injury and subsequent wrongful death suit brought on...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

New Jersey Superior Court Has Concurrent Jurisdiction to Decide Employment Status Under Workers’ Compensation Act, New Jersey...

The New Jersey Supreme Court recently held that the Superior Court of New Jersey has concurrent jurisdiction with the New Jersey Division of Workers’ Compensation to adjudicate a worker’s employment status for purposes of...more

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