News & Analysis as of

Workers' Compensation Claim Disability Discrimination

Bricker Graydon LLP

[Event] Preventing HR Whiplash: Navigating Change with Confidence Under the Trump Administration - April 8th, Cincinnati, OH

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Join us for an informative and engaging Spring Seminar hosted by our Labor and Employment team where you'll hear about the latest updates and key insights on the ever-evolving landscape of employment law. Our team will...more

Amundsen Davis LLC

Beyond the Diagnosis: Navigating Disability Accommodation in the Workplace - Insights from Wingra Redi-Mix v. LIRC

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The Wisconsin Doctor writing on paper with stethoscope on tableFair Employment Act (WFEA) prohibits covered employers from discriminating against employees based on disability and requires that employers reasonably...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

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The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...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

McAfee & Taft

Workers’ Comp Commission declared rightful forum for related discrimination and retaliation claims

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On May 21, 2019, the Oklahoma Supreme Court issued a long-awaited decision that is good news for employers and, at least for now, finally makes clear there is only one path for filing workers’ compensation-based...more

Chartwell Law

Medical Marijuana In Pennsylvania

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On Sunday, April 17, 2016, Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (commonly referred to as “Senate Bill 3” and referenced herein as “the Act”), into law, thereby making Pennsylvania the 24th state to...more

Littler

Minnesota Supreme Court Reverses Course: Employees May Assert Claims Both for Workers’ Compensation Benefits and for Disability...

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The Minnesota Supreme Court in Daniel v. City of Minneapolis overruled itself, and 30 years of precedent, by holding the Minnesota Workers’ Compensation Act’s exclusivity provision does not bar disability discrimination...more

Jackson Lewis P.C.

Broad Workers’ Compensation Release Agreement Bars Disability Discrimination Claims

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The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer. Peddy v. Aaron’s,...more

Payne & Fears

Key California Employment Law Cases: June 2018

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This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Janus v. American Fed’n of State, County, and Mun. Employees, Council 31, 138 S. Ct. 2448...more

FordHarrison

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

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Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more

Payne & Fears

Key California Employment Law Cases: October 2017

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This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more

Foley & Lardner LLP

Managing the Interplay Between the ADA, FMLA and WC

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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

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

FordHarrison

Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

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On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the...more

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