Mitigating Medical Exposure
Slippery When Wet: Parking Lot and Sidewalk Workers' Compensation To Pay or Not to Pay
Workers' Compensation Academy: Exclusivity Provisions of the PA Workers’ Compensation Act
An Overview of Connecticut Workers' Compensation
Workers' Compensation Academy: Proposed Legislation and Reduced Regulation - Managing Workers’ Compensation Claims Amid COVID - 19
Now Trending Emerging Issues and Legislation in Maine Workers' Compensation
Key Points: Delaware Superior Court permits injured plaintiffs-employees to board medical bills and lost wages already paid by the workers’ compensation carrier in subsequent UIM claim related to the same incident, despite a...more
Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...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
1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more
We want to ensure you stay informed about key changes impacting workers’ compensation in Pennsylvania. The December 14 edition of the Pennsylvania Bulletin includes a Notice from the Department of Labor and Industry regarding...more
On December 13, 2024, the North Carolina Supreme Court issued a unanimous decision on extended compensation benefits that is favorable to employers and workers’ compensation insurance carriers. To be entitled to extended...more
Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer - In this case, the claimant was the owner of the employer and the sole employee. He...more
Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more
The vexing issue of whether insurance carriers, third-party administrators and self-insured employers will be required to pay for a broad array of non-prescription items (for example, over-the-counter medications, dietary...more
Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina. She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more
Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some...more
Heuman v. Heuman, et al., No. A-1593-21 (Dec. 11, 2023) - The plaintiff injured his right eye while working with a mixer that had been modified, resulting in the loss of his eye and the permanent need for a prosthetic. He...more
On January 2, 2024, the Pennsylvania Commonwealth Court ruled to set aside the long-utilized “Red Book” standard for repricing prescription medications in Pennsylvania workers’ compensation claims. The court directed the...more
On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more
Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!...more
Under the North Carolina Workers’ Compensation Act, the total loss of a member or loss of vision is a compensable injury....more
Key Takeaways - SB0071/HB0800 specifies that 25% of the net recovery by a claimant on a claim for workers’ compensation will be subject to execution on a judgment for a child support arrearage. HB0902/SB0839 establishes...more
With respect to workplace injuries, The North Carolina Workers’ Compensation Act is a legislative fix to a common law problem. The Act is sometimes called “the grand compromise” because it was crafted so as to balance the...more
In Betts v. North Carolina Department Of Health And Human Services – Cherry Hospital (No. Coa22-324), the North Carolina Court of Appeals has remanded the case to the full commission for further proceedings, finding that the...more
On June 5, 2023, Substitute Bill No. 913 was enacted as Public Act (PA) No. 23-35, “An Act Expanding Workers’ Compensation Coverage for Post-Traumatic Stress Injuries for All Employees.”...more
The Pennsylvania legislature is considering House Bill 930, a proposed amendment to the Pennsylvania Workers’ Compensation Act (the “Act”). If passed, the proposed amendment would result in two substantial changes to...more
The Pennsylvania Supreme Court issued a significant decision this week, enforcing the Pennsylvania Workers’ Compensation Act’s exclusivity provision. Franczyk v. The Home Depot, Inc. (Pa. April 19, 2023)....more
In Yoder v. McCarthy Constr., Inc., 2023 Pa. Super. LEXIS 36 the Pennsylvania Superior Court recently denied a $5.59 million verdict to an injured worker. When Jason Yoder fell through a hole in the roof while doing repairs...more
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
On June 29, 2022, Delaware Senate Bill 315 unanimously passed a floor vote in the State House (having previously passed in the State Senate); when signed into law by Governor Carney, the bill will amend § 2347 of the Workers’...more