The Risk Roundtable: Demystifying the Intersection Between NJ Workers' Comp & Employment Practice Liability
LFLM LAW with L.A.W - ADR – An Alternative Solution for Workers’ Compensation Claims w
The Chartwell Chronicles: Dependency
The Chartwell Chronicles: Marijuana
Workers’ compensation is considered a no-fault insurance system. Basically, it is intended to help injured workers get financial compensation for their lost wages and medical expenses if they are injured at work. However,...more
On December 6, 2024, Governor Kathy Hochul signed new legislation, S.6635/A.5745, to support employees facing job-related mental health issues. The law, which went into effect on January 1, 2025, will allow any employee to...more
In Shmulsky v. Hudson Headwaters Heath 3rd Dept., a Covid Vaccine case, it’s hard to believe that the Law Judge initially found in favor of the claimant. On December 19, 2024, the 3rd Dept. affirmed the disallowance of a...more
California’s legislature covered a wide array of labor and employment law topics in the 2024 legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2025,...more
The California Supreme Court issued several important decisions in 2024 about issues such as the application of PAGA to public employees and the definition of “hours worked.” Several cases are pending before the state’s high...more
New state laws impacting employers will be going into effect on January 1, 2025. Below is a non-exhaustive summary of major state laws taking effect January 1, 2025. Employers should be mindful of and continue to follow...more
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
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
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
1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more
As the new year approaches, several critical legislative changes in employment law will take effect on January 1, 2025, unless specified otherwise. California employers face a dynamic regulatory landscape in 2025, with...more
The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that can significantly impact our New York-based clients. Below we highlight some of the recently...more
The California Legislature has enacted several new laws that will impact the workplace in 2025. This Holland & Knight alert provides a brief summary of select employment laws that go into effect Jan. 1, 2025, unless stated...more
As the year comes to a close, New Jersey businesses need to be mindful of the yearly increases in state minimum wage rates. The New Jersey Department of Labor announced in a press release that effective January 1, 2025, the...more
Last week, three Appellate Division decisions were made that will affect New York Workers’ Compensation matters: 1. Giesselmann v. Rotterdam Steel, LLC CV-23-1921 . This was a good decision from the 3rd Dept., affirming a...more
Under S.6635/A.5745: Where a [worker] files a claim for mental injury premised upon extraordinary work-related stress incurred at [work], the board may not disallow the claim upon a factual finding that the stress was not...more
Five years after enacting its Worker Adjustment and Retraining Notification (WARN) Act, Delaware has issued its first set of WARN Act regulations. The regulations generally mirror federal WARN Act regulations, but there are...more
Big change in New York regarding psych claims, effective January 1, 2025. A WORKER files a claim for mental injury premised upon extraordinary work-related stress incurred AT WORK, the board may not disallow the claim...more
California recently enacted new requirements concerning the notice employers must give their employees regarding workers’ compensation matters....more
For employers, the holiday season often includes hosting annual parties, catering office luncheons, or distributing end-of-year gifts and bonuses. However, with these good tidings and cheers comes potential liabilities....more
According to the California Department of Industrial Relations, California had 680,152 workers' compensation claims in 2023, based upon first reports of injuries. This translates to 3.6 worker injuries per every 100 employees...more
States and some cities were especially active this year passing workplace legislation, many of which create new compliance obligations for employers. Littler’s Workplace Policy Institute (WPI) has been tracking these laws as...more
Gov. Josh Shapiro on Oct. 29 signed Senate Bill 1232, amending the Pennsylvania Workers’ Compensation Act to require that employers and insurers offer claimants the option to receive their Workers’ Compensation payments by...more
Big New York WC Decision drop today. This week we learn the answers to these questions: Can you catch COVID from working with dead bodies? Is burnout from working at home compensable?...more
From the 3rd Dept on Thursday 11/7/24, there were some relatively good decisions for the defense. Learn more in the blurbs below. In Herrera v. American Badge, a COVID claim was disallowed....more