News & Analysis as of

Retaliation Workers' Compensation Claim

McGlinchey Stafford

What Is My Assumption of Risk? - McGlinchey Commercial Law Bulletin - September 11, 2023

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Assumption of the Risk- Smith v. Be Fit with Michelle, LLC, 11th Dist. Lake, No. 2023-Ohio-3118. In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment...more

Jackson Lewis P.C.

Avoiding Worker’s Compensation Retaliation Claims in the Construction Industry

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Even with the strictest compliance with Occupational Safety and Health Administration (OSHA) regulations and best workplace safety practices, on-the-job injuries from time to time are inevitable in the construction industry....more

Fisher Phillips

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

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As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

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The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...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

McAfee & Taft

Workers’ Comp Commission declared rightful forum for related discrimination and retaliation claims

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On May 21, 2019, the Oklahoma Supreme Court issued a long-awaited decision that is good news for employers and, at least for now, finally makes clear there is only one path for filing workers’ compensation-based...more

Foley & Lardner LLP

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

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If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Payne & Fears

Key California Employment Law Cases: October 2017

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This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more

Sheppard Mullin Richter & Hampton LLP

Correctional Officers FEHA Claims are Barred by Res Judicata for Already Adjudicated Workers’ Compensation Cases

The California Court of Appeal recently held that employees’ workers’ compensation decisions barred them from pursuing similar claims under the Fair Employment and Housing Act (“FEHA”) based on the doctrine of res judicata. ...more

Seyfarth Shaw LLP

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

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Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

FordHarrison

New Texas Laws Taking Effect September 1, 2017

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Though employment issues were not the focus of the 85th Regular and Special Legislative Sessions of the Texas Legislature, Texas employers should be aware of a handful of new Texas laws which take effect September 1, 2017....more

Foley & Lardner LLP

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

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Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Jackson Lewis P.C.

Proof of Workplace Injury Not Required for Workers’ Compensation Retaliation Claim in Ohio

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Proof of a workplace injury is not required to state a prima facie claim of retaliatory discharge under Ohio’s workers’ compensation statute, the Ohio Supreme Court has ruled, resolving a split among the Ohio Courts of...more

Butler Weihmuller Katz Craig LLP

Front Pay & Back Pay: How About No Pay?

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility.  Shortly thereafter,...more

Seyfarth Shaw LLP

RLA “Minor Dispute” Preemption Alive and Well As a Potential Defense in State Court

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An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines,...more

Bradley Arant Boult Cummings LLP

Remember the ADA: Workers’ Comp Claims Count Too!

Regardless of your state’s workers’ compensation laws, covered employers must always keep the Americans with Disabilities Act (ADA) in mind when wrestling with whether to ask job applicants about prior workers’ compensation...more

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