News & Analysis as of

Workers' Compensation Claim Disability

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

Marshall Dennehey

Where a Claimant Seeks to Add a Distinct, Consequential Injury to Notice of Compensation Payable and to Reinstate Indemnity...

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Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...more

Marshall Dennehey

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

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Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

Marshall Dennehey

Petition to Terminate Total Disability Benefits for Claimant Who Had Light-duty Restrictions That Could Not Be Accommodated...

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Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his...more

White and Williams LLP

NJ and PA Workers' Compensation Benefits for 2025

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Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates...more

Maison Law

Steps to Take Following a Workplace Injury in California

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Workplace injuries in California are unfortunately common, and they can wreak havoc on your finances now and in the future. While employers are required to provide a safe workplace, accidents and mishaps do occur in all types...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

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1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Marshall Dennehey

Top 10 Developments in New Jersey Workers’ Compensation in 2024

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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

Maison Law

Worker's Comp Versus Personal Injury in California

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According to the United States Bureau of Labor Statistics, a reported 419,000 private-sector employees in California sustained workplace injuries and illnesses in 2022. Workplace incidents in the state claimed 508 employees'...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – October 2024

The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more

Woods Rogers

What's the Tea in L&E? Injury or Disability: What's the Difference?

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. Warmer weather and frequent outdoor activities often result in increased injuries. In this short video, Woods...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more

Marshall Dennehey

Beware of the Language Used in Your Settlement Agreements: Medicare Is Watching

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The workers’ compensation practitioner has now become a forced bedfellow of CMS, like it or not. If you fail to “issue spot” in relevant settlements, you will have problems. Reprinted with permission from the October 2,...more

Marshall Dennehey

To Qualify as Compensable Under the Heart-Lung Statute, the Claimant Must Show “Disability”

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Robert Friesen v. State of Florida Highway Patrol/Division of Risk Management, NO .1D21-1353 On appeal from Judge Massey, Decision date: Jun. 21, 2023 - The claimant, a law-enforcement officer, was hired in 2004 after...more

Bricker Graydon LLP

Salary Continuation or Temporary Total Compensation, which should I choose?

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​​​​​​​An employee is injured on the job and cannot immediately return to work. Whether to offer salary continuation or permit temporary total disability compensation to be paid under the workers’ compensation claim is a...more

Chartwell Law

Should Immigration Status be Considered When Evaluating a Florida Workers’ Compensation Claim for Potential Permanent Total...

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When evaluating whether to accept a claimant as permanently and totally disabled (PTD), carriers are often faced with claimants who have difficulty finding employment due to their immigration status. While immigration status...more

BCLP

Q&A COVID Workplace Vaccine Issues for U.S. Employers

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As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more

Laughlin, Falbo, Levy & Moresi LLP

California Appellate Decision Limits Hikida; Allows Apportionment For Impairment Caused By Medical Treatment

In a recent case which is helpful to the defense bar, County of Santa Clara v. WCAB (Justice), the 6th District Court of Appeal in California limited the scope of the findings in the 2nd District Court’s previous holding in...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Long Arms and Sore Backs

This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more

Weintraub Tobin

California Employers Likely Immune To Employee COVID-19 Lawsuits, But More Susceptible To COVID-19 Workers-Compensation Claims

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Recent news reports, like this one from the Los Angeles Times, indicate that Congress is hotly debating a proposed law to immunize employers from lawsuits alleging that their workers contracted COVID-19 illness on the job. ...more

Chartwell Law

NY Case Law Alert: Tolling of the Caps After Reopening Post-Classification

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Workers’ Compensation Law § 15(3)(w) places a limitation – commonly referred to as “cap” – on the number of benefit weeks that compensation is payable to a claimant classified with a nonschedule permanent partial disability...more

Haight Brown & Bonesteel LLP

Lost Time For Treatment May Not Be Compensable

The Court of Appeal has ruled that the grand bargain underpinning the workers’ compensation system does not envision paying indemnity for medical appointments taking place without temporary disability. Renee Skelton v....more

Chartwell Law

Interaction Between the Americans with Disabilities Act and the Pennsylvania Workers' Compensation Act

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Pennsylvania employers may encounter a variety of employment related issues when managing workers’ compensation claims.  One such issue is the interaction between the Americans with Disabilities Act (“ADA”) and the...more

Chartwell Law

Determining the First Day of Disability

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Valley Stairs and Rails v. WCAB (Parsons), No. 110 C.D. (Cmwlth Ct. 2019) - In Valley Stairs, the Commonwealth Court addressed the issue of the date a claimant’s workers’ compensation benefits become payable, under Section...more

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