The Chartwell Chronicles: Permanent Disability
Physician Employment Agreements: Focus on Financial Planning
An Overview of New Jersey Workers' Compensation
An Overview of Massachusetts Workers' Compensation
Workers' Compensation Academy: Requests by Defense Counsel – A Defense Analysis of Materials Needed from Carriers and Clients for NJ Workers' Compensation Claims
An Overview of New York Workers' Compensation
Workers' Compensation Academy: Pennsylvania COVID-19 Update: Layoff or Furlough from Light Duty as a Result of COVID-19
1. Industrial Accident Board grants continuance but suspends temporary total disability benefits pending rescheduled hearing - Fortt v. Delaware Brick Company, IAB No. 1542958 (Dec. 12, 2024) - The claimant was injured in...more
This month's Friday Five explores the plaintiff's burden of establishing a continuing disability, when state law claims are expressly preempted by ERISA, and the reasonableness of an administrator's interpretation of a...more
The New Jersey Attorney General’s Office has announced that Lyft has paid off the $19.4 million it owed to the state for misclassifying drivers as independent contractors....more
The most noteworthy legal development last month in the area of independent contractor (IC) compliance and misclassification law was the $19 million assessment paid to the New Jersey Department of Labor and Workforce...more
October is Special Needs Awareness Month, an important time to highlight updates to a vital resource, Achieving a Better Life Experience (ABLE) accounts, which due to recent federal changes, will become more useful for more...more
Leon Smith v. Allen Foods, IAB No. 1551423 (Sept 6, 2025) - Over the last several years, there have not been many cases where claimants have successfully argued that they are a displaced worker prima facie, thus entitled to...more
Below are the more notable pending New Jersey workers’ compensation bills in the 2024-25 session, with 2025 updates in bold. A1719 / S1883 Excludes Certain Illegal Aliens - This excludes certain illegal aliens from...more
This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD...more
Across Ontario and beyond, more people are facing disability claim denials from their insurance providers. For individuals already coping with serious health challenges, these refusals add another layer of stress....more
Brooks v. Rutgers, the State Univ. of N.J., No. A-1013-23 (August 7, 2025) - In Brooks v. Rutgers, the State University of New Jersey, the Appellate Division upheld a workers’ compensation judge’s decision finding the...more
ERISA – Attorneys’ Fees and Social Security Disability Offset - In Stark v. Reliance Standard Life Insurance Co., the Tenth Circuit Court of Appeals affirmed a district court order dismissing ERISA claims brought by the...more
United Parcel Service v. Smith, C.A. No. N24A-10-006 CLS (Del. Super. May 19, 2025) - The claimant was injured at work on February 3, 2022, and began receiving total disability benefits. After a period of treatment, including...more
In MONY Life Insurance Co. v. Perez, the Eleventh Circuit Court of Appeals set aside a jury verdict in favor of MONY Life Insurance Co. on its unjust enrichment claim against policyholder Bernard Perez, holding that an...more
New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more
When an employee becomes disabled, a variety of questions arise regarding that employee’s entitlement to compensation and benefits. As a member of your company’s human resources or employee benefits department, employees and...more
La Corte Constitucional de Colombia profirió una decisión unánime mediante la cual ordenó la devolución de la Ley 2381 de 2024, "Por medio de la cual se establece el Sistema de Protección Social Integral para la Vejez,...more
This month’s Friday Five examines recent court rulings on both short- and long-term disability benefits, focusing on key interpretations—including how "earnings" are defined under an employer’s plan....more
For parents of children with special needs, planning for the future goes far beyond drafting a will. One of the most complex — and important — pieces of the puzzle is ensuring that your retirement assets are distributed in a...more
This month’s Friday Five explores decisions from around the country discussing the concept of reasonableness in various forms. One court rejected the parties’ proffered definitions of the term “working” and instead determined...more
The April Friday Five covers cases determining futility of exhausting administrative remedies, the nuances of the pre-existing condition exclusion, ERISA preemption, and genuine issue of material fact over an employee’s...more
The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more
The Supreme Court of the United States issued one decision today: Bufkin v. Collins, No. 23-713: This case involves the “benefit-of-the-doubt rule,” a unique standard of proof the Department of Veterans Affairs (“VA”)...more
Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more
Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his...more
Since the holidays and the start of the new year, there have been no new New Jersey appellate decisions in workers’ compensation. Below are some of the more notable pending New Jersey workers’ compensation bills in the...more