News & Analysis as of

Workers' Compensation Claim

Fisher Phillips

A Colorado Employer’s Review of New and Proposed Legislation For 2026

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This past year saw many changes to Colorado’s legislative landscape affecting businesses and employers. We’re here to help you stay informed on what’s new. This Insight will cover the biggest laws that recently took effect,...more

Dentons

CMS Section 111 Reporting Changes, Enforcement, and Audits for Workers’ Compensation Settlements

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Last year, the Centers for Medicare & Medicaid Services (CMS) made changes to its reporting rules, Section 111, specifically as it relates to Medicare Set-Asides (MSAs). Section 111 audits will begin next month, related to...more

Marshall Dennehey

Delaware Industrial Accident Board Orders Claimant to Produce Expert Report on Causation in Petition to Add Body Part

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John Robert Wingate v. Blades Fire Company, IAB No. 1532362 (Oct. 29, 2025) - The claimant suffered a work-related injury to his back on January 28, 2023, resulting in the parties entering into a “Medical Only” agreement...more

Marshall Dennehey

Florida Court Clarifies Misrepresentation Defense and Major Contributing Cause in Successive Workplace Injury Claims

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Pinellas County Transit Auth. v. Jackson, Fla. 1st DCA, No. 1D2024-1522, 2025 WL 3152666, at *2, Nov. 12, 2025 - The claimant initially injured her shoulder at work in 2021. During that claim, it was determined she made...more

Morris James LLP

Slip and Fall Accidents at Work: Understanding Workers’ Compensation and Third-Party Claims

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Slip and fall accidents remain one of the most common causes of workplace injuries, particularly during winter months when ice, snow, and wet conditions are present. While many people assume these incidents are handled...more

Bricker Graydon Wyatt LLP

[Webinar] Serving Up Success: Labor, Liquor & Legal Updates You Need - February 12th, 9:30 am - 11:00 am ET

STAY AHEAD OF THE CURVE WITH CRITICAL UPDATES ON LABOR, LIQUOR, LOGISTICS, IMMIGRATION AND MORE-ALL IN ONE POWER PACKED SESSION! Join attorneys from across Bricker Graydon Wyatt for a power packed webinar covering the top...more

Marshall Dennehey

Commonwealth Court Affirms Workers’ Compensation Judges’ Authority to Amend Injury Description Under Section 413(a) Despite...

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Factory Grinding Service, Inc. and SWIF v. Lane Hanna, FoodPrep Solutions, LLC/Factory Grinding Service, Inc., and Berkshire Hathaway Homestate Insurance Company (WCAB); No. 1376 C.D. 2024; Nov. 7, 2025; Judge McCullough -...more

Chartwell Law

Virginia Workers’ Compensation Law Alert: New Failure-to-Report Civil Penalties for Self-Insurers Now in Effect (Effective January...

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Effective January 1, 2026, the Virginia Workers’ Compensation Commission began enforcing new civil penalties for failures to comply with required reporting obligations under the Virginia Workers’ Compensation Act....more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2025

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1.    Industrial Accident Board grants continuance but suspends temporary total disability benefits pending rescheduled hearing - Fortt v. Delaware Brick Company, IAB No. 1542958 (Dec. 12, 2024) - The claimant was injured in...more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2025

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1. Treatment with an authorized provider tolls the statute of limitations, although treatment occurred without employer/carrier’s knowledge and billed to private health insurance - Ortiz v. Winn-Dixie, Inc., 402 So. 3d 301...more

Marshall Dennehey

Top 10 Developments in New Jersey Workers’ Compensation in 2025

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1.    Proposed bills to protect workers from heat-related illnesses and injuries - A-5022, a bill which establishes “Occupational Heat-Related Illness and Injury Prevention Program” and occupational heat stress standard in...more

Marshall Dennehey

Top 10 Developments in Pennsylvania Workers’ Compensation in 2025

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1.    Pennsylvania Supreme Court holds that the compensation rate for specific loss benefits is controlled by Section 306(c) of the Act, not Section 306(a) - Jennifer Jackiw v. Soft Pretzel Franchise, 329 A.3d 1152 (Pa....more

Weber Gallagher Simpson Stapleton Fires &...

No Ex Parte, Expert No-Show, No Add‑Ons, and a Pandemic Unemployment Aid Payback: This Week’s Decisions from the New York...

Three New York Appellate Division workers’ compensation decisions plus one bonus Court of Appeals case on pandemic unemployment benefits last week...more

Verrill

Nine Ladies Dancing… and the Holiday Party Risks HR Can’t Dance Around

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Holiday party season is here—a chance to celebrate the year, boost morale, and get employees “dancing” (literally or figuratively). But for employers, it’s also a time when celebrations can create legal headaches:...more

Amundsen Davis LLC

Does My Worker’s Injury Qualify for Workers’ Compensation?

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Worker Classification - How is the injured worker classified by the state in which your company operates?...more

Weber Gallagher Simpson Stapleton Fires &...

New York 3rd. Department Update: Tell Us Why, Tell Us How, Show Us You Tried

Three New York 3rd Dept. workers’ compensation cases dropped last week: Fuller-Astarita. A bus driver’s assistant was hit by a bus owned by her employer....more

Proskauer - California Employment Law

Retired Professional Football Player Is Ineligible For California Workers’ Comp Benefits

Wayne Gandy spent 15 years as a professional football player with the NFL. He played with the Los Angeles Rams during the 1994 season before the team moved to St. Louis, but never again played for a California team...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – Q4 2025 Update

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As a part of our quarterly practice group update, we are pleased to produce our latest installation with examples of our continued success in fraud litigation. This is now our fourth year of this publication, which amazes me...more

Frantz Ward LLP

Ohio Tightens “Intoxication Statute,” Giving Employers a Stronger Defense Against Workers’ Compensation Claims

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Misconduct of an employee, whether negligent or willful, is immaterial in applying the law of workers’ compensation, unless it occurs outside the course of employment or implicates a statutory defense. This proposition is...more

Marshall Dennehey

District Court Holds that Daubert Evidentiary Challenges Do Not Apply to Expert Medical Opinions under Florida’s Workers’...

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Sedgwick Claims Mgmt. Services v. Thompson, Fla. 1st DCA, No. 1D2023-0193, Sept. 3, 2025 - In this matter of first impression, Florida’s First District Court of Appeal addressed whether Florida Statutes Section 440.25(4)(d)...more

Marshall Dennehey

Delaware Court Affirms Denial of Seventh Back Surgery, Finding Prior Non-Compensable Procedure Broke Chain of Causation

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Robert Jackson v. Pep Boys, 2025 WL 2954922 (Oct. 20, 2025) - The claimant had suffered a compensable work injury to his low back in 2004. As a result, he underwent five compensable low back surgeries, all performed by Dr....more

Marshall Dennehey

Appellate Division Affirms Award of Medical and Temporary Benefits, Rejects Employer’s Res Judicata and Collateral Estoppel...

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Peralta v. Silver Line Bldg. Prods., No. A-0370-24 (September 24, 2025) - The respondent, Andersen/Silver Line Windows, appealed a decision that granted the petitioner’s motion for medical and temporary benefits. On July 16,...more

Carlton Fields

Florida Appeals Court Decisions Week of November 24 - 26, 2025

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U.S. Eleventh Circuit Court of Appeals - Trump v. Clinton - rule 11 sanctions, jurisdiction - USA v. Beaufils - Medicaid fraud, evidence, sentencing, perjury - In re ATIF - bankruptcy, transfer, expert opinion...more

Haight Brown & Bonesteel LLP

UR/IMR “Patterson Doctrine” Struck Down

A defendant’s prior authorization of medical treatment does not bar it from submitting subsequent requests for the same treatment to utilization review (UR), according to a new published decision from the Second District...more

Benesch

Workers' Comp Ruling May Expand Ohio Employer Liability

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In State ex rel. Berry v. Industrial Commission, the Ohio Supreme Court recently ruled that courts are not required to defer to the Ohio Industrial Commission's interpretations of the state's specific safety requirements....more

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