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Workers' Compensation Civil Procedure

Read Workers' Comp updates, news, and legal commentary from leading lawyers and law firms:
CDF Labor Law LLP

SoCal Wildfires: Guidance For Employers Supporting Their Workforce Through Difficult Times

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Wildfires continue to sweep through Southern California, leaving thousands of people displaced as well as burning businesses to the ground. Beyond the personal and community impacts, wildfires present unique challenges for...more

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

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As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...more

Sheppard Mullin Richter & Hampton LLP

Navigating Employer Obligations During California’s Wildfire Disasters

As Los Angeles (the “City”) grapples with the impacts of the devastating wildfires, employers are facing critical decisions about protecting their workforce while maintaining operations. While Cal/OSHA recently urged...more

White and Williams LLP

NJ and PA Workers' Compensation Benefits for 2025

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Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates...more

Littler

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

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On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more

Maison Law

Steps to Take Following a Workplace Injury in California

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Workplace injuries in California are unfortunately common, and they can wreak havoc on your finances now and in the future. While employers are required to provide a safe workplace, accidents and mishaps do occur in all types...more

Array

This Week in eDiscovery: Fitness App Data and eDiscovery | Parent Companies and Privilege

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 5-11. Here’s what’s...more

Jackson Lewis P.C.

Compliance Ahead: New York’s Warehouse Worker Injury Reduction Program Creates New Employer Responsibilities

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Effective June 1, 2025, employers that employ more than 100 employees at a single warehouse distribution center or more than 1,000 employees at one or more warehouse distribution centers within New York must establish an...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Maison Law

Worker's Compensation Denied in California: What to Do Next

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Workers’ compensation is considered a no-fault insurance system. Basically, it is intended to help injured workers get financial compensation for their lost wages and medical expenses if they are injured at work. However,...more

Goldberg Segalla

Pennsylvania Department of Labor & Industry Bureau of Workers’ Compensation has created the Direct Deposit Payment Authorization...

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Following the signing of Senate Bill 1232 amending the Pennsylvania Workers’ Compensation Act to require that employers and insurers offer claimants the option to receive their Workers’ Compensation payments by way of direct...more

Parker Poe Adams & Bernstein LLP

What School Districts Need to Know About New Georgia Law on Benefit Requirements for PTSD

A Georgia law that became effective January 1 creates new coverage requirements and mental health benefits that could impact school districts and certain of their employees....more

Littler

24 Key Developments in Canadian Labour and Employment Law in 2024

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In 2024, Canada saw significant legislative and case law developments in labour and employment law. This Insight provides an overview of notable developments and links to our more detailed articles and commentary....more

Littler

New York Significantly Expands Workers’ Compensation Coverage for Work-Related Stress Claims

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On December 6, 2024, Governor Kathy Hochul signed new legislation, S.6635/A.5745, to support employees facing job-related mental health issues. The law, which went into effect on January 1, 2025, will allow any employee to...more

Hinshaw & Culbertson - Employment Law...

6 Labor and Employment Laws New York Employers Must Be Aware of in 2025

As we welcome the new year, it is essential for New York employers to stay informed about the evolving labor and employment laws that go into effect in 2025. To assist in navigating these changes, we have compiled a...more

Morris James LLP

Subrogation and UIM Claims: Unpacking the Recent Henry and Manz Decisions

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The Delaware Supreme Court's decisions in Henry I and Henry II have had a significant impact on workers’ compensation claims involving underinsured motorist (UIM) benefits. Here, we break down the complex issues surrounding...more

Weber Gallagher Simpson Stapleton Fires &...

3rd Dept. Affirms Disallowance of Covid Vaccine Claim: Employer Not Liable for Encouraged Vaccination Adverse Reactions

In Shmulsky v. Hudson Headwaters Heath 3rd Dept., a Covid Vaccine case, it’s hard to believe that the Law Judge initially found in favor of the claimant. On December 19, 2024, the 3rd Dept. affirmed the disallowance of a...more

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

California Labor Code Section 132a—When Claims of Discrimination Are Brought Before the Workers’ Compensation Appeals Board

Pursuant to Labor Code section 132a, California has declared that “there should not be discrimination against workers who are injured in the course and scope of their employment.”...more

Frantz Ward LLP

A Year in Review of Ohio’s Adult Use Cannabis Program for Employers

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On November 7, 2023, Ohio became the twenty-fourth state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as the Act to Control and Regulate Adult Use Cannabis. Ohio cannabis...more

Amundsen Davis LLC

New State Labor and Employment Laws Impacting Employers Nationwide to Take Effect on January 1, 2025

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New state laws impacting employers will be going into effect on January 1, 2025. Below is a non-exhaustive summary of major state laws taking effect January 1, 2025. Employers should be mindful of and continue to follow...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

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1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Marshall Dennehey

Top 10 Developments in New Jersey Workers’ Compensation in 2024

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1.    The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more

Carlton Fields

Florida Appeals Court Decisions: Week of December 23-27, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Alhindi - mootness, competency - Florida Supreme Court - Tallahassee - No decisions this week...more

Marshall Dennehey

Top 10 Developments in Pennsylvania Workers’ Compensation in 2024

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1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more

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