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Worker’s Compensation Updates

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:

Employment Law This Week®: Sexual Harassment Legislation, Browning-Ferris Appeal, DTSA Whistleblower Immunity, Salary History and...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Employment Law This Week®: SCOTUS Rules for Auto Dealerships in OT Case, Tip-Pooling Restriction, Dodd-Frank Whistleblower Awards,...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

The Zone of Special Danger: Employing Local Nationals on U.S. Bases Overseas

by Littler on

Companies providing services on U.S. military bases overseas are probably familiar with the Defense Base Act (DBA), a comprehensive federal workers’ compensation scheme providing medical and income benefits to injured...more

Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind

by Jaburg Wilk on

The Holding - In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert...more

Recent Changes To The Workers’ Compensation Board’s Interpretations Of New York Paid Family Leave Deductions And Voluntary...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Board has recently revised its interpretation of two key provisions of the New York Paid Family Leave (“PFL”) Law: First, by allowing employers to use the employee’s weekly wage as opposed to the...more

Employment Law This Week®: Sunlight in Workplace Harassment Act, Joint-Employer Test, Guidance on MA Pay Equity Law, DOL’s PAID...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Are Workers' Comp Benefits Ever Taxable?

In the vast majority of cases, workers’ compensation benefits are fully tax exempt, at the federal, state and local level. But this is not always the case where the workers' comp beneficiary is also receiving Social Security...more

Employment Law This Week®: Title VII & Sexual Orientation Discrimination, Joint-Employer Test, Dodd-Frank Protections, Equal Pay...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

BWC approves the proposed rate cuts for private employers!

by Bricker & Eckler LLP on

The Bureau of Workers’ Compensation (BWC) voted on February 23, 2018, to lower private employers’ premium rates an average of 12 percent beginning July 1, 2018. This will result in savings of $163.5 million over the current...more

PA and NJ Workers' Compensation Benefits for 2018

by White and Williams LLP on

Workers’ compensation benefits in PA and NJ are calculated using a statewide average weekly wage (SAWW) that is published by the Departments of Labor every year. The year of the worker’s injury will determine the year for the...more

Due Process Does Not Require Disclosure of Independent Medical Reviewer

Zuniga v. WCAB (Interactive Trucking, Inc.), 2018 A143290 confirms that Labor Code Section 4610.6(f) prevents the Workers’ Compensation Appeals Board from ordering an Independent Medical Review (IMR) organization from...more

What Changes Are In Store For California Employers in 2018?

by McManis Faulkner on

Some of the key laws that will impact employers in 2018: 1. New Parent Leave Act; 2. Salary History Questions; 3. "Ban-the-Box" Law; and 4. Minimum Wage Increase. - Vlog by Michael Warren ...more

Who Is The Employer Of a Staffing Agency Temp?

by Shipman & Goodwin LLP on

Many businesses bring on extra help for temporary or seasonal needs, and some even do all their hiring from the ranks of such workers, a practice known as “temp to perm.” Often the easiest way to find this kind of help is to...more

Ohio Bureau of Workers’ Compensation New Guidelines For Approval of Lumbar Fusion Surgery

by Reminger Co., LPA on

Effective January 1, 2018, the Ohio Bureau of Workers’ Compensation implemented new guidelines for the approval of lumbar fusion surgeries. These guidelines focus, not only on the request itself for the lumbar fusion...more

Employment Law This Week®: Delivery Driver Ruled Independent Contractor, Parental Leave Proposal, Federal Contractor Audits,...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Whose Employee is it Anyway? The Construction Workplace Misclassification Act Provides Clarity in Workers’ Compensation Cases

The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more

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

Illinois Appellate Court Expands PSEBA Exposure for Illinois Local Governments

by Holland & Knight LLP on

• On Tuesday, Feb. 6, 2018, the Illinois First District Appellate Court, in a 2-1 decision, greatly expanded the "unlawful act" trigger for eligibility for lifetime healthcare benefits under the Public Safety Employee...more

Igniting Awareness About Flammable Chemicals

by Howard Ankin on

According to the Occupational Safety & Health Administration (OSHA), flammable liquids and chemicals in the workplace increase the potential injury risks for workers. Flammable liquids are capable of igniting flash fires and...more

Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

by Perkins Coie on

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent...more

Ohio Imposes New Rules On Back Surgeries In Workers' Compensation Cases

by Roetzel & Andress on

The Ohio Bureau of Workers’ Compensation (BWC) has instituted a new rule regarding back surgeries and opioid use in workers’ compensation cases. Under the rule, which became effective January 1, 2018, a worker suffering from...more

How Does Workers' Comp Affect SSDI Benefits?

Some people become disabled as the result of a work-related illness or injury. In these cases, the individual may be eligible for both Social Security Disability Insurance (SSDI) and workers’ compensation benefits....more

Employee’s Decision To Forego Certain Damages Against Third-Party Does Not Diminish Employer’s Recovery Rights

In Duncan v. Wal-Mart Stores, Inc. (Cert. for Pub. on 12/13/17, No. G054220), the California Court of Appeal held that a plaintiff-employee is not entitled to reduce her employer’s lien to recover paid temporary disability,...more

Safety Concerns Arise After Tragic Death Of Young Gig Worker

by Fisher Phillips on

Last month, 19-year-old Antawani Wright-Davis, who worked as a bicyclist delivering food for an app-based food delivery service, was struck and killed by a dump truck while working in Boston. Because of Wright-Davis’ status...more

Defence + Indemnity: December 2017 - II. Liability Issues

by Field Law on

II. LIABILITY ISSUES - A. The 2009 amendments to the Traffic Safety Act and the Insurance Act with respect to the liability of a renter, lessor or lender of a vehicle were intended to cap their vicarious liability for the...more

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