News & Analysis as of

Employer Liability Issues Appeals Workers’ Compensation

Marshall Dennehey

A Costly Mistake

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Key Points: A workers’ compensation judge is not required to correct a mistakenly-issued Notice of Compensation Payable, but they may correct a mistakenly-issued Notice of Compensation Payable....more

Chartwell Law

Key Workers’ Compensation Rulings

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Matter of Pressimone v. New York City Housing Authority (5/1/25) - This case highlights the importance of issuing subpoenas and, when appropriate, requests for extensions in good faith for the deposition testimony of...more

Cranfill Sumner LLP

NC Court of Appeals Denies Motion to Add Self-Insurance Association in Asbestos Exposure Case

Cranfill Sumner LLP on

In a published decision with a dissent, the NC Court of Appeals denied the Plaintiff’s motion to add North Carolina Self-Insurance Security Association as a party to the claim....more

Weber Gallagher Simpson Stapleton Fires &...

PEOs, Pizza Sauce, and Penalties: New York Workers’ Compensation Appellate Roundup – May 2025

Four workers’ compensation decisions came down from the Appellate Division Thursday, May 29. It was a mixed bag: two good for defense, two not so much....more

Marshall Dennehey

Court Affirms Judge’s Discretion in Refusing to Set Aside Mistakenly Issued Medical-Only NCP

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City of Philadelphia and PMA Management Corp. v. John Bell; No. 648 C.D. 2024; filed April 2, 2025; Judge Wallace - The Commonwealth Court upheld a decision refusing to set aside a Medical-Only Notice of Compensation Payable...more

Marshall Dennehey

Commonwealth Court Affirms Denial of Reinstatement and Penalty Petitions in COVID-19 Workers’ Compensation Case

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William Bolds v. City of Philadelphia (WCAB); No. 488 C.D. 2024; filed February 25, 2025; Senior Judge Leavitt - A former police officer’s attempt to reinstate workers’ compensation benefits following a COVID-19 diagnosis was...more

Marshall Dennehey

Did the Cat Move the Ladder?

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Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Marshall Dennehey

Reimbursement of Pennsylvania Department of Human Services Lien Is Found Not Automatic by Pennsylvania Commonwealth Court

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Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the...more

Laughlin, Falbo, Levy & Moresi LLP

Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more

Frantz Ward LLP

Understanding Workers’ Compensation Litigation in Ohio: What State Fund Employers Need to Know

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For some state fund employers in Ohio, receiving a court complaint as a defendant in workers’ compensation litigation can be unexpected. Employers experiencing this for the first time are often surprised that an employee can...more

Husch Blackwell LLP

7th Circuit Update: What Martin v. Goodrich Means for IL’s Workers’ Compensation Landscape

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We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more

Marshall Dennehey

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

Marshall Dennehey on

Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...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

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