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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Connecticut Supreme Court recently ruled in Gardner v. Department of Mental Health and Addiction Services that Workers’ Compensation Administrative Law Judges (ALJs) can award ongoing temporary partial disability (TPD)...more
This decision was released by the 3rd Dept. on Thursday 4.10.25: We see this situation happen from time to time. A First Report of Injury (FROI) is initially filed – “Lost Time with No Paid Indemnity” and the Agreement to...more
William Bolds v. City of Philadelphia (WCAB); No. 488 C.D. 2024; filed February 25, 2025; Senior Judge Leavitt - A former police officer’s attempt to reinstate workers’ compensation benefits following a COVID-19 diagnosis was...more
The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more
Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more
Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the...more
The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more
For some state fund employers in Ohio, receiving a court complaint as a defendant in workers’ compensation litigation can be unexpected. Employers experiencing this for the first time are often surprised that an employee can...more
Unfortunately, not everything is always peachy in the Peach State. Historically, the Rycroft defense has allowed employers to deny workers’ compensation benefits when a worker makes false representations about their physical...more
As a part of our Quarterly Practice Group Update, we are pleased to produce another installment with examples of our continued success in the area of fraud litigation. The New York State Workers’ Compensation Board has...more