News & Analysis as of

Workers' Compensation Claim

You Should Know - April 2018

Injured Workers Have Third-Party Option After Work Comp - Work injuries are life-changing and still all too common in America. Injured workers wonder if they will ever return to work, how they will pay for extended care...more

Minnesota Court of Appeals Affirms Dismissal of Claims Against Reinsurer Under Filed-Rate Doctrine

by Carlton Fields on

The filed-rate doctrine precluded recovery of deficiency assessments the Workers’ Compensation Reinsurance Association (WCRA) levied against employers which were alleged to have been wrongfully collected in 2013 and 2014 when...more

The Zone of Special Danger: Employing Local Nationals on U.S. Bases Overseas

by Littler on

Companies providing services on U.S. military bases overseas are probably familiar with the Defense Base Act (DBA), a comprehensive federal workers’ compensation scheme providing medical and income benefits to injured...more

Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind

by Jaburg Wilk on

The Holding - In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert...more

Are Workers' Comp Benefits Ever Taxable?

In the vast majority of cases, workers’ compensation benefits are fully tax exempt, at the federal, state and local level. But this is not always the case where the workers' comp beneficiary is also receiving Social Security...more

BWC approves the proposed rate cuts for private employers!

by Bricker & Eckler LLP on

The Bureau of Workers’ Compensation (BWC) voted on February 23, 2018, to lower private employers’ premium rates an average of 12 percent beginning July 1, 2018. This will result in savings of $163.5 million over the current...more

Who Is The Employer Of a Staffing Agency Temp?

by Shipman & Goodwin LLP on

Many businesses bring on extra help for temporary or seasonal needs, and some even do all their hiring from the ranks of such workers, a practice known as “temp to perm.” Often the easiest way to find this kind of help is to...more

Ohio Bureau of Workers’ Compensation New Guidelines For Approval of Lumbar Fusion Surgery

by Reminger Co., LPA on

Effective January 1, 2018, the Ohio Bureau of Workers’ Compensation implemented new guidelines for the approval of lumbar fusion surgeries. These guidelines focus, not only on the request itself for the lumbar fusion...more

Employment Law 2017 Year in Review

by Barley Snyder on

While the buzz and publicity on the issue has been mainly contained to the worlds of politics, media and entertainment, with recognizable names such as Harvey Weinstein, Kevin Spacey, and Louis C.K. all facing...more

Whose Employee is it Anyway? The Construction Workplace Misclassification Act Provides Clarity in Workers’ Compensation Cases

The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more

Avoid Jumping to Conclusions About Compensability of Work Injuries Caused by an Employee’s Intentional, High-Risk Conduct

What should a Pennsylvania employer do when an employee seeks workers’ compensation benefits after injuring himself by engaging in risky behavior at work? ...more

Igniting Awareness About Flammable Chemicals

by Howard Ankin on

According to the Occupational Safety & Health Administration (OSHA), flammable liquids and chemicals in the workplace increase the potential injury risks for workers. Flammable liquids are capable of igniting flash fires and...more

Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive...

by Hinshaw & Culbertson LLP on

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort....more

Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

by Perkins Coie on

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent...more

Wisconsin Employers Now Subject to Tort Lawsuits for Temporary Workers’ Workplace Injuries

On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more

Ohio Imposes New Rules On Back Surgeries In Workers' Compensation Cases

by Roetzel & Andress on

The Ohio Bureau of Workers’ Compensation (BWC) has instituted a new rule regarding back surgeries and opioid use in workers’ compensation cases. Under the rule, which became effective January 1, 2018, a worker suffering from...more

2017 Legislative Summary (Part Two): The Budget “Implementer” And Its Effect On Connecticut’s Schools And Public Employers.

In 2017, our firm published a summary of new legislation affecting Connecticut’s schools and public sector employers. However, the 2017 “regular session” of the Connecticut General Assembly was not the final word. Due to the...more

Workers’ Compensation, ADA/FEHA And FMLA/CFRA Oh My!

by Fox Rothschild LLP on

One issue that consistently trips up employers is the interplay of laws for an employee with work-related medical issues. This is sometimes referred to as the Bermuda Triangle of workers’ compensation, ADA/FEHA (disability),...more

How Does Workers' Comp Affect SSDI Benefits?

Some people become disabled as the result of a work-related illness or injury. In these cases, the individual may be eligible for both Social Security Disability Insurance (SSDI) and workers’ compensation benefits....more

Back to the Future: California Employment Bills Likely to Resurface in 2018

by Littler on

As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...more

Employee’s Decision To Forego Certain Damages Against Third-Party Does Not Diminish Employer’s Recovery Rights

In Duncan v. Wal-Mart Stores, Inc. (Cert. for Pub. on 12/13/17, No. G054220), the California Court of Appeal held that a plaintiff-employee is not entitled to reduce her employer’s lien to recover paid temporary disability,...more

Employer’s False Statements Opposing Workers' Compensation Claim Not Privileged Against Liability Under the Insurance Frauds...

In People ex rel. etc. v. Hebb (No. E066471, filed 12/19/17), a California appeals court held that false or fraudulent statements given in opposition to a workers’ compensation claim are not privileged from liability under...more

Better Late Than Never: Labor And Employment Effects Of The State Budget “Implementer”

While several bills were enacted earlier this year affecting Connecticut employers, the 2017 regular session of the Connecticut General Assembly was not the final word. Due to the lack of a budget, the General Assembly had to...more

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

by 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

Employee Quits and Then Slips: Covered Under Workers’ Comp or Not?

Is an employee who quits her job then injures herself before she gets out the door still covered by workers’ comp? In a recent Tennessee case of first impression, the court ruled that after an employee says “I quit,” the...more

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