News & Analysis as of

Workers’ Compensation

Marshall Dennehey

Be Specific to Avoid Waiver of Subrogation Rights

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Key Points: New Jersey Workers’ Compensation Statute includes provisions for employers to seek subrogation in claims involving third-party recoveries by employees....more

Marshall Dennehey

A Costly Mistake

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Key Points: A workers’ compensation judge is not required to correct a mistakenly-issued Notice of Compensation Payable, but they may correct a mistakenly-issued Notice of Compensation Payable....more

Parker Poe Adams & Bernstein LLP

Can Employers Fire Workers for Failure to Report Workplace Injuries?

Companies attempting to manage workers' compensation expenses often express frustration over injury claims made by employees weeks or even months after the alleged incident occurred. In some situations, such as those...more

Chartwell Law

Key Workers’ Compensation Rulings

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Matter of Pressimone v. New York City Housing Authority (5/1/25) - This case highlights the importance of issuing subpoenas and, when appropriate, requests for extensions in good faith for the deposition testimony of...more

Marshall Dennehey

First District Court of Appeal Enforces Statutory Provision Divesting Judges of Compensation Claims of Subject Matter Jurisdiction

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Sapp v. Sims Crane & Equip. Co./Bridgefield Cas. Ins. Co., Fla. 1st DCA 2025, No: 1D2024-0300, May 7, 2025 - In a per curium opinion from the First District Court of Appeal on May 7, 2025, the court addressed what at first...more

Marshall Dennehey

Commonwealth Court Rejects Insurer’s Reimbursement Claim Against Pharmacy in Billing Dispute

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Pioneer Construction Company, Inc., Eastern Alliance Insurance Company, and employers Alliance, Inc. v. Insight Pharmaceuticals, LLC d/b/a Insight Pharmacy; No. 867 C.D. 2022; filed May 12, 2025; Judge Covey - A workers’...more

Carlton Fields

Florida Appeals Court Decisions Week of June 16 - 20, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Hicks v. Middleton - vicarious liability, employment, course and scope - UHS v. Sec’y of Labor - OSHA, workplace violence, employer - JF v. Carnival - negligence, cruise,...more

Cranfill Sumner LLP

NC Court of Appeals Denies Motion to Add Self-Insurance Association in Asbestos Exposure Case

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In a published decision with a dissent, the NC Court of Appeals denied the Plaintiff’s motion to add North Carolina Self-Insurance Security Association as a party to the claim....more

Goldberg Segalla

Another Win for Professional Employer Organizations at New York Third Department

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Another day, another chapter in the evolving world of New York Workers’ Compensation for Professional Employer Organizations (PEOs). As discussed in prior updates, this decision follows the foundational Third Department...more

Chartwell Law

PA Supreme Court Reverses Longstanding Case Law Regarding Specific Loss Benefits

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The Pennsylvania Supreme Court has just issued a decision in Christina Steets (deceased) v. Celebration Fireworks Inc., specifically overturning longstanding case law regarding whether specific loss benefits are payable after...more

Goldberg Segalla

House Bill 183: A Transformative Proposal for Disfigurement Claims in Pennsylvania Workers’ Compensation

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Pennsylvania House Bill 183 (HB 183) introduces substantial amendments to Section 306(c)(22) of the Pennsylvania Workers’ Compensation Act. If enacted, the proposed changes will have significant implications for injured...more

Weber Gallagher Simpson Stapleton Fires &...

PEOs, Pizza Sauce, and Penalties: New York Workers’ Compensation Appellate Roundup – May 2025

Four workers’ compensation decisions came down from the Appellate Division Thursday, May 29. It was a mixed bag: two good for defense, two not so much....more

Conn Maciel Carey LLP

Navigating Legal Risk in the Remote Work Era

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The widespread adoption of remote work arrangements has reframed the employment landscape, offering organizations access to a broader talent pool and increased operational flexibility. However, this reorganization also...more

Chartwell Law

Connecticut Legislature Enacts Significant Changes to Workers’ Compensation Act

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The Connecticut legislature has passed several important amendments to the Workers’ Compensation Act that will affect how claims are valued and administered statewide. These legislative updates introduce notable changes to...more

Laughlin, Falbo, Levy & Moresi LLP

WCAB issues En Banc Decision impacting the practice of multiple Panel QME requests due to failure to meet scheduling deadlines

We have all become accustomed to the practice of either seeking or receiving a replacement panel request when the QME is unable to set an evaluation timely. Frankly, many practitioners have tried to use section 31.1 of the...more

FordHarrison

What Employers Need to Know About New York's Expansion of Workers' Compensation Benefits for Mental Health Injuries

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New York significantly expanded workers’ compensation benefits to include coverage of certain mental health-related injuries. As of January 1, 2025, the New York Workers’ Compensation Law provides that “all workers” who...more

Cranfill Sumner LLP

NC Court Clarifies That Prior Settlement Does Not Preclude New Workers’ Comp Claim for Subsequent Injury

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In Collins v. Wieland Copper Prods., LLC, _____ N.C. App. ______, 910 S.E.2d 373 (2024), the Court of Appeals held that a prior settlement agreement with an employee for a prior work injury did not bar the employee from...more

Littler

Connecticut Legislature Overrules State Supreme Court on Workers’ Compensation

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Heeding outcry by employers, the Connecticut legislature has nullified the state Supreme Court’s interpretation of temporary partial disability provisions of the Workers’ Compensation Act....more

Littler

Canada: Important Amendments Coming to Saskatchewan Workplace Laws

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On May 13, 2025, the Saskatchewan government passed the Workers’ Compensation Amendment Act, 2024 (Bill 4) and the Saskatchewan Employment Amendment Act, 2024 (Bill 5)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

2025 Arkansas Insurance Legislation Summary: P&C

This is the second article in a series of summaries of insurance legislation from the 95th Arkansas General Assembly. The 95th Arkansas General Assembly convened on January 13, 2025, and entered into an extended recess...more

Goldberg Segalla

Connecticut Legislature Passes Significant Amendments to Workers’ Comp Act in Response to Controversial Supreme Court Decision

Goldberg Segalla on

The Connecticut Legislature scrambled to pass legislation in response to the Connecticut Supreme Court’s controversial decision two months ago in the case of Beulah Gardner v. Department of Mental Health and Addiction...more

Weber Gallagher Simpson Stapleton Fires &...

NY Workers’ Compensation Case Roundup - May 2025

The lone decision from the 3rd Dept today is very harsh. In Matter of Coyle v. W & W Steel Erectors, the 3rd Dept. affirmed the Board Panel’s decision to reject an appeal as late, despite the basis for the appeal being a...more

Marshall Dennehey

Commonwealth Court Clarifies Scope of IREs, Orders Remand in Light of Duffey Decision

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Del Val Home Improvements v. Gaw; No. 1117 C.D. 2022; filed March 19, 2025; Judge Wojcik - In a case hinging on the interpretation of impairment rating evaluations (IREs) under the Act, the Commonwealth Court has ordered a...more

Marshall Dennehey

Court Affirms Judge’s Discretion in Refusing to Set Aside Mistakenly Issued Medical-Only NCP

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City of Philadelphia and PMA Management Corp. v. John Bell; No. 648 C.D. 2024; filed April 2, 2025; Judge Wallace - The Commonwealth Court upheld a decision refusing to set aside a Medical-Only Notice of Compensation Payable...more

Carlton Fields

Florida Appeals Court Decisions Week of May 5 - 9, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Jones v. Ceinski - qualified immunity - Otto Candies v. Citigroup - RICO, fraud, conspiracy - Berrocal v. US Att’y Gen - standing, international treaty - Maglana v....more

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