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Read Workers' Comp updates, news, and legal commentary from leading lawyers and law firms:
Marshall Dennehey

Appellate Divisions Affirms a Workers’ Compensation Judge’s Decision That the Claimant’s Testimony Was Not Credible and His...

Marshall Dennehey on

Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits. In January 2017, the...more

Marshall Dennehey

Appellate Division Confirms That the Trial Judge Correctly Applied the Intentional-Wrong Exception to the Insurer’s Policy.

Marshall Dennehey on

Dionicio Rodriguez v. Shelbourne Spring, LLC, et al. and Sir Electric, LLC v. Hartford Underwriters Ins. Co., No. A-2079-22 (Dec. 22, 2023) - The Appellate Division affirmed the Law Division order granting Hartford...more

Goldberg Segalla

NC Supreme Court Clarifies Requirements for Accessing Causality of Medical Treatment in Workers’ Compensation Cases

Goldberg Segalla on

It is well established that under the North Carolina workers’ compensation law, the question of whether a specific medical treatment is compensable or not hinges largely on the causal relationship between the treatment sought...more

K&L Gates LLP

Supreme Court of Pennsylvania Hears Argument to Preclude Occupational Disease Claims Against Former Employers

K&L Gates LLP on

On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the...more

Marshall Dennehey

Workers’ Compensation Appeal Board Did Not Err in Granting Employer’s Petition for a De Novo Hearing to Present After-discovered...

Marshall Dennehey on

Bernice Bennett v. Jeld Wen, Inc. (WCAB); No. 1454 C.D. 2022; filed Oct. 6, 2023; President Judge Cohn Jubelirer (previously unreported and designated reported by Order dated Dec. 15, 2023) - The claimant settled a 2010 work...more

Marshall Dennehey

Although Claimant Cannot Be Working With a Concurrent Employer on Date of Work Injury With Another Employer, the Relationship With...

Marshall Dennehey on

Resources for Human Development, Inc. and Gallagher Bassett Services v. Sherry Dixon (WCAB); No. 494 C.D. 2022; filed Dec. 20, 2023; President Judge Cohn Jubelirer - The claimant sustained an injury on December 29, 2018,...more

Woodruff Sawyer

How to Stop the WC Litigation Train

Woodruff Sawyer on

WC insurance was designed to prevent the threat of litigation by removing the employee’s right to sue their employer in exchange for guaranteed compensation for an injury. However, despite the promise of benefits, the WC...more

Marshall Dennehey

Bureau Directed to Identify and Publish in Pennsylvania Bulletin a Different, Nationally Recognized Schedule for Valuing...

Marshall Dennehey on

Federated Insurance Company v. Summit Pharmacy (Bureau of Workers’ Compensation Fee Review Hearing Office); No. 115 C.D. 2023; filed Jan. 2, 2024; President Judge Cohn Jubelirer - A Fee Review Hearing Officer ordered the...more

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

California Considers Workers’ Compensation Heat Illness Presumption for Agricultural Workers

In February 2024, California State Senator Dave Cortese introduced Senate Bill (SB) 1299. The bill would add section 3212.81 to the California Labor Code to establish a workers’ compensation presumption related to heat...more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

Cranfill Sumner LLP on

Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina.  She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more

Marshall Dennehey

What’s Hot in Workers' Comp – Special NJ Alert

Marshall Dennehey on

On January 16, 2024, the Governor of New Jersey signed A-5909/S-4267 into law. The amendment revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and emergency personal. The...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

This week the 3rd Department released four new cases with a particular focus on psychological injuries. Learn more below. First is Anderson v. City of Yonkers, the 3rd Dept. examined the way the Board reviews psychological...more

Dentons

A Win for Iowa Workers’ Compensation Employers and Insurance Companies: Combined Shoulder and Upper Extremity Injuries are Limited...

Dentons on

The debate about shoulders and industrial disability has come to an end for now with the Iowa Supreme Court’s most recent decision, Bridgestone Americas, Inc. v. Anderson. The Court held that a work injury causing injuries to...more

Marshall Dennehey

What’s Hot in Workers’ Comp – Special PA Alert

Marshall Dennehey on

In Schmidt v. Schmidt, Kirifides & Rassias (WCAB), 1039 C.D. 2021, filed November 14, 2023, a case of first impression, the Pennsylvania Commonwealth Court ruled that claimants are entitled to reimbursement for out-of-pocket...more

Parker Poe Adams & Bernstein LLP

NC Supreme Court Sets Direct Connection Test for Workplace Injuries

In most situations, medical treatment for workplace injuries is fairly straightforward. Workers' compensation statutes require coverage for procedures necessary to treat and correct injuries or illnesses that occurred at the...more

Marshall Dennehey

Superior Court Affirms Decision That Claimant Failed to Prove She Contracted COVID-19 at Work, but Does Not Reach Issue of Whether...

Marshall Dennehey on

Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some...more

Fisher Phillips

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

Fisher Phillips on

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 &...

Injuries During A Paid Travel Time Lunch Break Are Deemed Non-Compensable

On March 25, 2024, in an unpublished decision, the Superior Court of New Jersey Appellate Division rendered a decision that provided clarity with respect to the analysis of an off-premises lunchtime injury. In Latschaw v....more

Marshall Dennehey

The Employer/Carrier Was Unable to Overcome Presumption, and COVID-19 Found to Be Work-related for Firefighter, Requiring Heart...

Marshall Dennehey on

Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, First District Court of Appeals - DCA#: 21-3530, Decision date: Dec. 13, 2023 - The claimant, a firefighter, was hired in 1993 after passing a...more

Marshall Dennehey

Appellate Division Affirmed a Law Division Order Dismissing the Plaintiff’s Complaint With Prejudice for Lack of Subject Matter...

Marshall Dennehey on

Hudson Reg’l Hosp. v. New Hampshire Ins. Co., No. A-0978-21 (Nov. 16, 2023) - Hudson Regional Hospital, located in Secaucus, New Jersey, provided treatment to five New York residents for injuries sustained in New York while...more

Marshall Dennehey

New Jersey Supreme Court Affirmed Appellate Division’s Findings, Noting the Petitioner Was in the Course and Scope of His...

Marshall Dennehey on

Keim v. Above All Termite & Pest Control, No. A-30-22 (Supreme Court, Nov. 21, 2023) - The New Jersey Supreme Court affirmed the Appellate Division’s decision, reinstated the claim petition, and remanded for further...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 Trial Court, Noting the Defendants’ Actions Did Not Reach the High Bar to Apply the Intentional...

Marshall Dennehey on

Heuman v. Heuman, et al., No. A-1593-21 (Dec. 11, 2023) - The plaintiff injured his right eye while working with a mixer that had been modified, resulting in the loss of his eye and the permanent need for a prosthetic. He...more

Marshall Dennehey

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

Marshall Dennehey on

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

Marshall Dennehey

Commonwealth Court Holds That an Employer’s Failure to Reimburse a Claimant for Out-of-pocket Payments for CBD Oil is in Violation...

Marshall Dennehey on

Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB); No: 1039 C.D. 2021; filed Nov. 14, 2023; Judge Covey - In this case, the claimant, an attorney, sustained a work injury on April 14, 2017, while loading files into a...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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