News & Analysis as of

Workers' Compensation Claim

Weber Gallagher Simpson Stapleton Fires &...

Surveillance, Attorney Fees, and Employment Status: Recent 3rd Dept. Decisions

There were three new 3rd Dept. cases of note from yesterday (two workers’ compensation cases and another relevant case): Hurley v. Lawrence School District. This case would seem to be self-evident. The claimant, a special...more

Goldberg Segalla

[Webinar] Recent Amendments to Connecticut’s Workers’ Compensation Act: A Response to Gardner v. State - June 25th, 12:00 pm -...

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Goldberg Segalla partners Samantha Levasseur and Brian Smith will host this live webinar in response to the recent legislative amendments to Connecticut’s Workers’ Compensation Act — the most significant changes to the act in...more

Goldberg Segalla

Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On Bodily Injury

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Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a...more

Cranfill Sumner LLP

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

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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

Goldberg Segalla

Another Win for Professional Employer Organizations at New York Third Department

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Another day, another chapter in the evolving world of New York Workers’ Compensation for Professional Employer Organizations (PEOs). As discussed in prior updates, this decision follows the foundational Third Department...more

Goldberg Segalla

Court Highlights Distinction Between Pre- and Post-Retirement Benefits and Workers’ Compensation Carrier’s Reimbursement Rights...

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The recent New York Court of Appeals decision in Matter of Schulze v. City of Newburgh Fire Department (April 10) has significant implications for municipal employers and workers’ compensation insurance carriers in New York,...more

Parker Poe Adams & Bernstein LLP

Workers' Compensation Exclusivity Does Not Prevent Claims Against Employer's Officers as Landlords

For employers, workers' compensation laws act as both a sword and a shield. While injured employees do not have to prove negligence resulting in the injury, they cannot sue the employer for personal injury outside of the...more

Stark & Stark

Police Officer on Traffic Duty Assignment is Joint Employee of Their Police Department and the Contractor

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When a police officer was seriously injured while working an extra traffic duty assignment, the question wasn’t whether he should get help – it was who should help pay for it....more

Marshall Dennehey

Two Incidents. One Injury. Recurrence Versus Aggravation

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Ferrell v. City of Wilmington, 2025 WL 753378 (Del. Super Ct. Mar. 10, 2025) - The Delaware Superior Court reviewed and affirmed a decision by the Industrial Accident Board concerning a claimant who sustained a compensable...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – May 2025

Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more

Robinson+Cole Manufacturing Law Blog

Spring Things for Employers to Consider

Trees are beginning to bloom, and bees are buzzing in flower fields as spring is officially underway. As summertime approaches and temperatures continue to rise, employers should be prepared for “Spring Things,” such as...more

Morris James LLP

Finger Amputations at Work: Understanding Your Rights and the Path to Recovery

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Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...more

Woodruff Sawyer

The Aging Workforce: Ergonomics, Comorbidities, Lighting, and Strategies for Reducing Claims

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The aging of the American workforce is the most important demographic shift impacting businesses today. Data from the Bureau of Labor Statistics (BLS), Census Bureau, and the CDC/National Institute for Occupational Safety and...more

Chartwell Law

A Case Law Summary: Stewart v. City of Philadelphia (WCAB)

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Stewart v. City of Philadelphia (WCAB), No. 490 C.D. 2024 (Pa. Cmwlth. Ct., April 15, 2025) - By way of brief history, Officer Stewart worked long hours during the COVID pandemic. In the fall of 2020, he regularly...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] 2024 New Jersey Workers’ Compensation Case Law Updates - April 29th, 12:00 pm - 1:00 pm ET

Join partners Cheryl Binosa, Jeffrey Newby, and Renee Porada Frazier for an insightful webinar that will cover several pressing topics in New Jersey Workers' Compensation, based on recent cases in the state. In this...more

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

Marshall Dennehey on

Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Marshall Dennehey

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

Marshall Dennehey on

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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – March 2025

The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more

Chartwell Law

Evolving Cannabis Law and Workers’ Compensation

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As our understanding of medicine evolves - alongside society’s increasingly relaxed attitude toward cannabis - it’s no surprise that corresponding adjustments are emerging in the field of workers’ compensation law....more

Marshall Dennehey

A Double Take: Workers’ Compensation Liens Render UIM Non-Duplication Clauses Unenforceable

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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

Laughlin, Falbo, Levy & Moresi LLP

A NEW MEDIC-ERA; Changes to CMS Review Guidelines in 2025

Vast changes are swiftly approaching regarding the efforts Workers’ Compensation practitioners must make in protecting Medicare’s interests in future medical settlements. The Centers for Medicare/Medicaid Services (CMS) has...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

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

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A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

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With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. ...more

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