News & Analysis as of

Statute of Limitations Workers' Compensation Claim

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Chartwell Law

The Chartwell Chronicles: New Jersey Workers’ Comp Alert

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In Episode 18 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss recent New Jersey workers' compensation happenings. Topics of discussion include physician fee increases, discontinuances, statutes of...more

Amundsen Davis LLC

Local and State Employment Law Update: Minimum Wage Rates and More

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Several recent changes impacting employers in jurisdictions across the nation are summarized below. Many states and municipalities have increased their hourly minimum wage rates, some to as high as $18.07 per hour. Read the...more

Morris James LLP

How much time do I have to file for workers' compensation in Delaware?

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After being injured on the job or diagnosed with a work-related illness, workers may face financial challenges such as unexpected medical bills or wages lost by missing work while recovering. Fortunately, Delaware law...more

Weber Gallagher Simpson Stapleton Fires &...

Separate Agreement Does Not Have the Effect of Tolling the Two-Year Statute of Limitations Under the Workers’ Compensation Act

Ocean Wholesale Nursery LLC, the respondent, appealed from an order denying its motion to dismiss Donald Servais's, the petitioner, workers' compensation petition and from a final judgment awarding the petitioner $75,516.00....more

Weber Gallagher Simpson Stapleton Fires &...

When Court has the Ability to Correct a Mistake to Avoid Inequity Despite a Clear Violation of the Statue of Limitations

Petitioner Gary Streeper appealed his November 8, 2019, Order which dismissed his Application for Review or Modification of a compensation award on the basis it was untimely filed. The order was vacated and remanded....more

Chartwell Law

Pennsylvania Commonwealth Court Decision Highlights the Necessity of Addressing a Changing Injury Description During Termination...

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In City of Allentown v. WCAB (Bryant, Jr.) No. 593 C.D. 2020, a recent Pennsylvania Commonwealth Court decision affirmed the WCJs denial of a Petition to Terminate, as employer failed to prove that claimant was fully...more

White and Williams LLP

Court Confuses Insurance Policy for Reinsurance Contract in Determining When Cause of Action Accrues

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In a recent decision dismissing claims against a workers compensation insurer as time barred, a New York trial court briefly addressed the often perplexing issue of when a cause of action accrues for breach of insurance and...more

Bricker Graydon LLP

What you need to know about the new workers’ compensation law changes in H.B 81

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House Bill 81 goes into effect on September 15, 2020, and it includes major changes to Ohio’s workers’ compensation laws. Below are a few of the more significant changes employers need to know...more

Seyfarth Shaw LLP

California Employment Legislative Update: Time for Governor Newsom to Get to Work

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Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of...more

Roetzel & Andress

Several Important Changes To Ohio Workers’ Compensation Law Approved By Governor DeWine

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On June 16, 2020, Governor DeWine signed House Bill 81, which will bring several important changes to the Ohio Workers’ Compensation System. House Bill 81 creates several important changes to Ohio Workers’ Compensation...more

Spilman Thomas & Battle, PLLC

West Virginia Workers’ Compensation COVID-19 Quick Guide

When must an Employer’s First Report of Injury be filed? The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. ...more

Proskauer - California Employment Law

Gay CHP Officer May Have Been Constructively Terminated

Brome v. California Highway Patrol, 44 Cal. App. 5th 786 (2020) - Jay Brome sued the California Highway Patrol (“CHP”) after resigning as a law enforcement officer, claiming he had been subjected to harassment and...more

Payne & Fears

Key California Employment Law Cases: January 2020

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Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Littler

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

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On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

Roetzel & Andress

Ohio Makes Significant Changes To Workers' Compensation Laws

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Ohio Governor John Kasich recently signed House Bill 27 into law, starting the clock running on several significant changes to Ohio’s Workers’ Compensation statutes. The amendments are effective September 29, 2017....more

Ruder Ware

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

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Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Roetzel & Andress

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

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On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

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