News & Analysis as of

Workers' Compensation Consumer Protection

Read Workers' Comp updates, news, and legal commentary from leading lawyers and law firms:
Spilman Thomas & Battle, PLLC

A Case Law Update on West Virginia Supreme Court of Appeals Rulings Impacting Workers’ Compensation Claims

Over the last approximately 12 months, the West Virginia Supreme Court of Appeals has issued numerous decisions impacting workers’ compensation claims, addressing (1) apportionment calculations of preexisting awards and...more

Marshall Dennehey

Understanding Reimbursements for CPT Code 97039

Marshall Dennehey on

CPT code 97039 has been in a state of constant flux in Florida and recent rulings have created greater change. First, one must understand what 97039 is and its history. According to the American Medical Association (AMA), CPT...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – September 2024

Matter v. Google 3rd Dept. 9/26/24 CV-23-0719 - In this case, the Claimant was a Google executive who got lost looking for a bus after a work happy hour event in Manhattan when two motorized bicycles hit him crossing a...more

White and Williams LLP

With a Roll of the Dice in Amtrust v. Vasquez, Nevada Workers’ Compensation Insurers Hit the Jackpot!

White and Williams LLP on

Doubling down on the often quoted phrase: “All is sunny in Workers’ Compensation Subrogation,” just last week, the Supreme Court of Nevada (Supreme Court) provided a huge win for workers’ compensation subrogation...more

Marshall Dennehey

Commonwealth Court Paves the Way for Workers’ Compensation Fee Agreements Pertaining to Prospective Medical Benefits by Declaring...

Marshall Dennehey on

Key Points: A 20% Fee Agreement applicable to all workers’ compensation benefits, indemnity and medical, is per se reasonable and enforceable, regardless of whether the medical expenses have been incurred or will be incurred...more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Appellate Court Enforces Limited Scope Retainer Agreement

Michael Freude v. Jeffrey M. Berzowski and Di Renzo & Bomier, LLC., No. 2023 AP 764 (Wis. App. August 7, 2024) - Brief Summary - The plaintiff sued two defendants for legal malpractice related to an allegedly time-barred...more

Bradley Arant Boult Cummings LLP

No 5. OSHA Can Issue Citations for Unsafe Work Conditions That Have Not Resulted in an Employee Injury

Most frequently, employers do not hear from OSHA unless they report a workplace injury. When a reported workplace injury does occur, OSHA will perform a walkthrough inspection of the worksite and may ultimately issue a...more

Marshall Dennehey

Waiting on a Workers' Compensation Lien Reimbursement in New Jersey? You May Have to Wait a Little Longer. Section 40 and the...

Marshall Dennehey on

Key Points: The New Jersey workers’ compensation statute and applicable case law protects employers’ worker’s compensation lien rights against an injured worker’s third-party recovery....more

Weber Gallagher Simpson Stapleton Fires &...

House Bill 2490 & Implications for Pennsylvania Workers' Compensation Settlements

House Bill 2490 has been introduced and it is best to quote from the sponsoring legislator’s words: [S]ome employers and insurers require claimants to sign side agreements forcing them to resign, preventing them from ever...more

Littler

Puerto Rico Secretary of Labor Clarifies the Application of Act No. 27-2024

Littler on

On September 10, 2024, the Puerto Rico Secretary of Labor issued an Opinion (No. 2024-02) to clarify and provide additional information about the application of Act No. 27-2024, known as the "Act to Facilitate the...more

Seyfarth Shaw LLP

OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer

Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer....more

Goldberg Segalla

Rise of Transportation Contractors Leading to Complex Coverage Litigation

Goldberg Segalla on

The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

Weber Gallagher Simpson Stapleton Fires &...

Rising Counsel Fees: How Increased Costs Affect Petitioners and Respondents

On August 22, 2024, the acting Governor signed a bill increasing attorney fees on workers’ compensation cases. Since 1927, the fee for an attorney on a workers’ compensation case was up to 20%. This has now changed with the...more

Cozen O'Connor

OSHA’s New Severe Injury Report Dashboard: More Public Shaming or a Tool to Help Prevent Injuries/Illnesses?

Cozen O'Connor on

OSHA requires employers to report a fatality or severe injury (“SIR”). Generally, a fatality must be reported within 8 hours and an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours. After...more

Goldberg Segalla

Fraud Doesn't Pay in New York – August 2024 Update

Goldberg Segalla on

As a part of our Quarterly Practice Group Update, we are pleased to produce our latest installment of our continued success in fraud litigation. This report was originally conceptualized three years ago as a one-time...more

Stark & Stark

Understanding Your Rights: Workers’ Compensation in New Jersey

Stark & Stark on

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

Littler

Revised Poster Requirement in Massachusetts Starting September 16, 2024

Littler on

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024....more

Marshall Dennehey

Superior Court Affirms IAB Decision Enforcing Workers’ Compensation Settlement Agreement and Rejected Claimant’s Attorney’s...

Marshall Dennehey on

Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024) - Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident,...more

Marshall Dennehey

A Judge of Compensation Claims Must Be Specific When Awarding Non-professional Attendant Care to a Family Member

Marshall Dennehey on

Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, DCA#: 22-1485, Decision date: May 08, 2024 - The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claimant...more

Marshall Dennehey

The Appellate Division Reversed and Remanded a Trial Court Order Denying the Plaintiffs’ Motion to Amend Their Complaint and...

Marshall Dennehey on

Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024) - The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused...more

Chartwell Law

The Chartwell Chronicles: New Jersey Attorney Fees

Chartwell Law on

In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more

Chartwell Law

New Law Raises Workers' Compensation Attorney Fees in New Jersey

Chartwell Law on

On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed into law S2822/A3986, a bill that increases the potential counsel fees for petitioner’s attorneys in workers’ compensation cases from 20% to 25% of the...more

Rodemer Kane Attorneys at Law

Work-Related Car Accidents: Who Is Responsible?

When it comes to workplace-related incidents, the question of liability can often be complex and nuanced. One common scenario involves damage to an employee's car while parked in the employer's parking lot. This article...more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

Marshall Dennehey on

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Marshall Dennehey

Pharmacy Staffed by Pharmacist Provided by an Employee Leasing Agency is a Provider as Defined by Section 109 of the Act. When a...

Marshall Dennehey on

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office & SWIF; No. 660 C.D. 2020; No. 617 C.D. 2020; filed May 16, 2024; President Judge Cohn-Jubelirer - In this case, 700 Pharmacy filed five Fee Review...more

1,542 Results
 / 
View per page
Page: of 62

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide