News & Analysis as of

Employment Contract Workers' Compensation Claim

Haight Brown & Bonesteel LLP

CIGA Frustrated By Special Employee Contract Terms

In Travelers Property Casualty Co. of America v. WCAB (CIGA) (Filed 9/18/19; Certified for Publication 10/2/19), the Court of Appeal for the 2nd District of California determined that in a workers’ compensation policy the...more

Carlton Fields

West Virginia Supreme Court Reverses, Finds “Delegation Clause” in Employment Arbitration Agreement Neither Ambiguous nor...

Carlton Fields on

Petitioners, two Rent-A-Center entities, moved to compel arbitration of a lawsuit by Anita Ellis alleging that Rent-A-Center unlawfully terminated her employment for seeking workers’ compensation benefits....more

Foley & Lardner LLP

Employer’s Failure to Respond Waives Written Arbitration Agreement

Foley & Lardner LLP on

Employers with mandatory arbitration agreements should be careful to re-affirm their commitment to such arbitration agreements in light of a recent state court decision in Texas, Adock v. Five Star Rentals/Sales, Inc., No....more

Ward and Smith, P.A.

Oden's "Top 4" Issues for Employers for 2018 (So Far)

Ward and Smith, P.A. on

What follows are the "Top 4" issues or some variation/combination (in no particular order) that I have discussed with employers so far in 2018. Some may seem like common sense for the more seasoned Human Resource Director,...more

Haight Brown & Bonesteel LLP

Court Throws Flag on NFL Player’s Claim of California Jurisdiction

The California Court of Appeal, Fourth Appellate District, in Larry Tripplett v. Workers’ Compensation Appeals Board, Indianapolis Colts, et al., G054825 (June 28, 2018), found that California jurisdiction in a workers’...more

White and Williams LLP

Massachusetts Supreme Judicial Court Clarifies Test for Determining Who is an “Employee” for Purposes of Workers' Compensation...

White and Williams LLP on

The Massachusetts Supreme Judicial Court (SJC) held yesterday in Camargo’s Case that a worker’s eligibility for workers' compensation benefits is contingent upon the worker proving that he/she is an “employee” under the...more

Blank Rome LLP

New Jersey Supreme Court Voids Waiver of Third-Party Liability in Employment Contracts

Blank Rome LLP on

In Vitale v. Schering-Plough Corp., A-20-16 (Dec. 11, 2017), the New Jersey Supreme Court ruled that an employment contract that limits a worker’s right to sue a third party after an injury is unenforceable because it...more

Littler

Puerto Rico Approves Major Reform of its Employment Laws

Littler on

On January 26, 2017, the Governor of Puerto Rico approved the Labor Transformation and Flexibility Act (“the Act"). The Act makes substantial changes to virtually all existing Puerto Rico employment laws, including those...more

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