News & Analysis as of

Workers' Compensation Claim

Maine WC Appellate Division Confirms Work Search Evidence Alone May Be Sufficient to Prevail on Petition for Review

by PretiFlaherty on

In Pelletier v. Gerald Pelletier, Inc., Me. WCB App. Div. No. 17-34 (October 30, 2017), the Employee appealed from a decision denying his Petition for Review through which he sought an increase in partial incapacity benefits....more

Appellate Division to Revisit (for a Second Time) the Issue of Refusal of Suitable Work in St. Louis V. Acadia Hospital

by PretiFlaherty on

In St. Louis v. Acadia Hospital Corp., WCB No. 10002460 (April 14, 2017), the Maine Workers’ Compensation Board issued a decision dated March 4, 2015, finding the Employee had not refused an offer of suitable work and awarded...more

Managing the Interplay Between the ADA, FMLA and WC

by Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Appellate Division Reverses Decision Supporting Causation Based on Speculative Medical Evidence

by PretiFlaherty on

Generally speaking, the petitioning party bears the burden of persuasion to establish all elements of a claim on a more probably than not basis. Fernald v. Dexter Shoe Co., 670 A.3d 1382 (Me. 1996)....more

New Legislation Provides for Right to Benefits to Employees Participating in Vocational Rehabilitation, Limited Exceptions for...

by PretiFlaherty on

The Maine Workers’ Compensation Act provides, “[w]hen as a result of injury the employee is unable to perform work for which the employee has previous training or experience, the employee is entitled to such employment...more

Appellate Division Addresses Adequacy of Findings of Fact for Appellate Review

by PretiFlaherty on

Under§ 318 of the Maine Workers’ Compensation Act: ...From the evidence or statements furnished, the administrative law judge shall in a summary manner decide the merits of the controversy ...The administrative law judge,...more

Employer’s Victory In Workers’ Compensation Proceeding Leads To Dismissal Of Discrimination Claims

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v....more

Maine Supreme Court Case Involving Dispute Over Volunteer vs. Employee Status Could Have Far-Reaching Implications

by PretiFlaherty on

Under the Maine Workers’ Compensation Act (§ 102(11)(A)), an “employee” is “every person in the service of another under any contract of hire, express or implied, oral or written.” Generally, volunteers are not covered...more

Appellate Division Revisits Retirement Presumption in Various Contexts

by PretiFlaherty on

Under the “retirement presumption” (§ 223 of the Maine Workers’ Compensation Act), an employee who terminates active employment and is receiving nondisability pension or retirement benefits is presumed not to have a loss of...more

WCB Limits Requirement for Notice of Rights Leading up to Cessation of Partial Incapacity Benefits after 520 Weeks

by PretiFlaherty on

For injuries on or after January 1, 2013, partial compensation is calculated using 2/3 of the difference between the employee’s average weekly wage and post-injury earnings subject to the maximum rates. An employee’s benefits...more

Hotel Housekeeper Overcomes Workers’ Compensation Exclusivity to Maintain FEHA Action for Assault

In M.F. v. Pacific Pearl Hotel Management LLC (Cal. Ct. App., Oct. 26, 2017, No. D070150) 2017 WL 4831603, a hotel housekeeper (known as M.F. to preserve her privacy) was assaulted and raped at work by a trespasser known to...more

Flight Attendants Face a New Safety Threat: Angry Passengers

by Howard Ankin on

The increasing number of in-flight injuries caused by angry passengers is a growing concern. Over the past year, flight attendants and passengers have suffered serious injuries due to angry, out-of-control passengers who take...more

Employment Law Letter - Fall 2017

by Shipman & Goodwin LLP on

Does Substance Abuse Qualify for FMLA? Some may be surprised to find the answer is yes, provided certain criteria are met. However, a federal judge in Connecticut recently issued a decision that shows the FMLA card can’t...more

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

WEB EXCLUSIVE: The ABC’s Of AEDs

by Fisher Phillips on

Every time a natural disaster hits, we learn of at least one person who tragically died of a heart attack when placed in a stressful or unusual situation. Sadly, we hear little about the hundreds of thousands of other deaths...more

Injured Workers in Ohio Must Obtain Employer Consent Before Dismissing the Complaint on Employer Initiated Court Appeals

by Reminger Co., LPA on

The Ohio Supreme Court recently held an injured worker, in a workers’ compensation appeal, cannot dismiss the R.C. 4123.512 court appeal if: (1) it was the employer’s appeal; and (2) the employer does not consent to the...more

Ohio Supreme Court Finds Ohio's "Consent Provision" Constitutional

by Roetzel & Andress on

The Ohio Supreme Court has issued a ruling upholding the so called “consent provision” of Ohio Revised Code Section 4123.512(D), providing added protections to Ohio employers involved in workers’ compensation litigation....more

This Month in Corruption: Improper Billing, Double Dipping, Disability Faking

by PretiFlaherty on

A Dream Most Improper. On September 4, announcements came from the offices of the U.S. Attorney for Massachusetts and the Massachusetts Attorney General that Dental Dreams, a national dental chain with locations in...more

What’s New in Connecticut? 3 Laws to Take Effect on October 1

The turning of the calendar to October in Connecticut means more than just leaf peeping and apple picking. For employers, October 1, 2017, is the date that several new laws impacting employers will go into effect....more

Employee or independent contractor? Right to control is key

by McNair Law Firm, P.A. on

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more

7 Business Cases to Follow in the Supreme Court's Fall Term

by Bennett Jones LLP on

The Supreme Court of Canada’s fall term begins on October 2. Scheduled hearings that may interest the business community are described below...more

Second Circuit Not Troubled By Error on Notice of Appeal Form, Proceeds To Decide The Appeal

On September 18, 2017, in United States v. Caltabiano, No. 16-1275-cr, the Second Circuit (Walker, Lynch, and Lohier, Js.) clarified the jurisdictional scope of a Notice of Appeal. The Court confirmed its authority to...more

Ohio Supreme Court Clarifies What Is and What Is Not Appealable to the Court of Common Pleas in Workers’ Compensation Claims

by Reminger Co., LPA on

Confusion on what is and what is not appealable to the Court of Common Pleas has existed for decades. Determining what is and is not appealable to the Court of Common Pleas in workers’ compensation claims became a little...more

Blunt Talk about Cannabis and Insurance

by Pessin Katz Law, P.A. on

I have been in a haze recently due to marijuana. Granted, I do not smoke, toke, or even eat pot laden brownies—I truly never have. But each insurance conference I go to and each insurance journal I read, I find articles...more

Maine Supreme Court Hears Oral Argument in Two Workers’ Compensation Matters Involving Old-age Social Security Offset and Medical...

by PretiFlaherty on

The Maine Supreme Court heard oral argument in two workers’ compensation cases on September 13, 2017. In Victor Urrutia v. Interstate Brands International, WCB 16-524, an Administrative Law Judge ordered that the employer...more

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