What's the Tea in L&E? Injury or Disability: What's the Difference?
DE Under 3: Disability Unemployment, Cornell ILR & USDOL Women's Bureau Webinar Series & More
#BigIdeas2020: Open Discussion of Mental Health in the Workplace - Employment Law This Week® - Trending News
“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA
Employment Law Issues for Health Care Employers
OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?
Upcoming Affirmative Action Plan Requirements for Federal Contractors and Subcontractors
Navigating the New OFCCP Regulations on Affirmative Action Obligations: Make Sure Your Organization is Ready
Polsinelli Podcast - What Employers Need to Know About Obesity in the Workplace
Accessibility concerns for disabled condo owners
Accessibility Concerns for Disabled Condo Owners
Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more
Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...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
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
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
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
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
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
According to the United States Bureau of Labor Statistics, a reported 419,000 private-sector employees in California sustained workplace injuries and illnesses in 2022. Workplace incidents in the state claimed 508 employees'...more
The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more
What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. Warmer weather and frequent outdoor activities often result in increased injuries. In this short video, Woods...more
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
The workers’ compensation practitioner has now become a forced bedfellow of CMS, like it or not. If you fail to “issue spot” in relevant settlements, you will have problems. Reprinted with permission from the October 2,...more
Robert Friesen v. State of Florida Highway Patrol/Division of Risk Management, NO .1D21-1353 On appeal from Judge Massey, Decision date: Jun. 21, 2023 - The claimant, a law-enforcement officer, was hired in 2004 after...more
An employee is injured on the job and cannot immediately return to work. Whether to offer salary continuation or permit temporary total disability compensation to be paid under the workers’ compensation claim is a...more
When evaluating whether to accept a claimant as permanently and totally disabled (PTD), carriers are often faced with claimants who have difficulty finding employment due to their immigration status. While immigration status...more
As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more
In a recent case which is helpful to the defense bar, County of Santa Clara v. WCAB (Justice), the 6th District Court of Appeal in California limited the scope of the findings in the 2nd District Court’s previous holding in...more
This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more
Recent news reports, like this one from the Los Angeles Times, indicate that Congress is hotly debating a proposed law to immunize employers from lawsuits alleging that their workers contracted COVID-19 illness on the job. ...more
Workers’ Compensation Law § 15(3)(w) places a limitation – commonly referred to as “cap” – on the number of benefit weeks that compensation is payable to a claimant classified with a nonschedule permanent partial disability...more
The Court of Appeal has ruled that the grand bargain underpinning the workers’ compensation system does not envision paying indemnity for medical appointments taking place without temporary disability. Renee Skelton v....more
Pennsylvania employers may encounter a variety of employment related issues when managing workers’ compensation claims. One such issue is the interaction between the Americans with Disabilities Act (“ADA”) and the...more
Valley Stairs and Rails v. WCAB (Parsons), No. 110 C.D. (Cmwlth Ct. 2019) - In Valley Stairs, the Commonwealth Court addressed the issue of the date a claimant’s workers’ compensation benefits become payable, under Section...more