News & Analysis as of

Workplace Injury Appeals

Goldberg Segalla

Appellate Court's Liberal Ruling on Accident and Causation

Goldberg Segalla on

KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not...more

Dechert LLP

Santé, sécurité et conditions de travail | Sélection de jurisprudence – France

Dechert LLP on

Cette newsletter présente sept décisions de jurisprudence rendues au cours des derniers mois : Télétravail sur recommandation du médecin du travail : l’indemnité d’occupation du domicile est due (CA Paris, 21 décembre...more

Dechert LLP

Newsletter on health, safety and working conditions – France - First Semester 2024

Dechert LLP on

This newsletter reviews seven recent significant judicial decisions on health, safety and working conditions: Teleworking on the recommendation of the occupational health doctor: home occupation compensation is due (CA...more

Marshall Dennehey

Workers’ Compensation Appeal Board Violates Long-standing Workers’ Compensation Principles by Overturning Credibility Findings...

Marshall Dennehey on

Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Fisher Phillips on

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Foster Swift Collins & Smith

Michigan Supreme Court Revisits Mental Disability Standard

In a July 28, 2023 decision, the Michigan Supreme Court revisited the criteria for compensability under the Michigan Workers’ Compensation Disability Act (WCDA) in cases involving mental disabilities arising from workplace...more

Morris James LLP

How do I appeal a workers’ compensation decision?

Morris James LLP on

In Delaware, employees injured on the job are often entitled to workers' compensation benefits for medical expenses and wages lost by being unable to work during recovery. However, in some cases, the injured worker's claim...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Overturns Award of Excessive Counsel Fees by WC Judge

In an interesting decision, the Appellate Court (Garzon v Morris County Golf Club,  App Div. decided December 23, 2022) overturned the awarding of counsel fees for permanency and fees on a Motion for Medical Temporary Total...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA

Fisher Phillips on

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Laughlin, Falbo, Levy & Moresi LLP

“You’re really here for a panel dispute?” – WCJ

When Labor Code Sections 4060, 4061, 4062, 4062.1 and 4062.2 were enacted, the panel Qualified Medical Evaluator (QME) process was supposed to be simpler and less costly. As is often true, the legislation did not necessarily...more

White and Williams LLP

Insurers Can Look To Extrinsic Evidence To Deny a Defense

White and Williams LLP on

Last week, the New Jersey Supreme Court decided Norman International, Inc. v. Admiral Insurance Company, No. 086155 (N.J. Aug. 11, 2022). At issue was coverage for a work-site injury and the interpretation of a policy...more

Littler

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

Littler on

In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...more

Snell & Wilmer

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

Snell & Wilmer on

In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company,...more

Weber Gallagher Simpson Stapleton Fires &...

If at First You Don't Succeed, Appeal and then Appeal Again - Unless You Are Out of Time

In a recent decision, New Jersey Transit’s Motion to Dismiss was affirmed by the Appellate Court on February 2, 2022. The petitioner had appealed from the October 7, 2020 Order of the Workers' Compensation Court granting the...more

Venable LLP

Fifth Circuit to Employers: "Your Past May Haunt You"

Venable LLP on

Every employer understands the importance of actively ensuring employee safety and compliance with Occupational Safety and Health Act (OSH Act) standards, but a recent federal appeals court decision provides additional...more

Weber Gallagher Simpson Stapleton Fires &...

Workers’ Comp Award Affirmed by Appellate Division in Unusual Appeal and Trial with Pro Se Petitioner

In an unpublished decision by the Superior Court on September 30, 2021, the Appellate Division affirmed an Order from the Workers’ Compensation Judge (WCJ) finding a 25% permanent partial disability following a work-related...more

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

Cranfill Sumner LLP on

Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Laughlin, Falbo, Levy & Moresi LLP

Applied Materials v. WCAB – Physician Misconduct Compensable and Fitzpatrick Affirmed

The Sixth District Court of Appeal recently issued its decision in the matter of Applied Materials v. WCAB. The decision was initially issued as unpublished and the California Workers’ Compensation Institute obtained an...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

Holland & Knight LLP on

Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more

Foley & Lardner LLP

Don’t Relax – COVID-19-Related Changes are NOT Slowing Down

Foley & Lardner LLP on

This author much prefers the well-known (at least in some circles) advice from The Hitchhiker’s Guide to the Galaxy – “DON’T PANIC.” Unfortunately, even with some hopeful signs of normal (or something close to normal)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

Genova Burns LLC

A Forklift Operator Walks into a Bar

Genova Burns LLC on

On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more

BCLP

HK Court confirms narrow scope of defence available to proprietors under the Factories and Industrial Undertakings Ordinance

BCLP on

In HKSAR v Gammon Construction Limited (HCMA 97/2019) [2020] HKCA 752 (Date of Judgment: 7 September 2020), the Hong Kong Court of Appeal (the “Court”) dismissed a magistracy appeal against the conviction of a principal...more

White and Williams LLP

Increasing Exposure for Insurers and Employers as Courts Strike Workers’ Comp Bar to BIPA Claims

White and Williams LLP on

Litigation under the Illinois Biometric Information Privacy Act (BIPA) has expanded tenfold. Although the statute was enacted 12 years ago, litigation under its private cause of action has spiked in more recent years partly...more

Jackson Lewis P.C.

Delaware Court Upholds Denial Of Workers’ Compensation Benefits For Medical Marijuana Costs

Jackson Lewis P.C. on

The compensability of medical marijuana costs for a workers’ compensation claim turns on an individualized inquiry of whether such treatment is reasonable and necessary, and not whether the use of medical marijuana is...more

103 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide