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
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
Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...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
Bob Evans Restaurants LLC v. Robert Schriver (WCAB); No. 158 C.D. 2024; filed March 11, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision by the Workers’ Compensation Appeal Board, reinstating a judge’s...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
Effective Oct. 29, 2025, an amendment to the Pennsylvania Workers’ Compensation Act (Act), adopted via Pennsylvania Senate Bill 365 (Bill), will change the standard for first responders, including Emergency Medical Services...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
California is home to a large and diverse agricultural industry where farm workers play a crucial role in the state's economy. However, the physical demands and hazardous conditions can often make farm work dangerous....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
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
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
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
Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025 - This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot. A Claim...more
Last week, the Commonwealth of Pennsylvania House Labor and Industry Committee passed HB 183. This Bill is designed to expand significantly what has been long-established access to workers compensation disfigurement benefits...more
Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more
Elmer Riehl v. Beiler Brothers, LLC (WCAB); No. 1563 C.D. 2023; Filed November 18, 2024; Judge Fizzano Cannon - On October 11, 2011, the claimant sustained a work injury in the nature of incomplete tetraplegia (paralysis of...more
Workers whose jobs involved exposure to asbestos – including boilermakers, boiler workers, carpenters, factory workers, laborers, pipe coverers, and pipefitters – may be in danger of developing mesothelioma, asbestos lung...more
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
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
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
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