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Workplace Injury Workers Compensation Act

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House Bill 2490 & Implications for Pennsylvania Workers' Compensation Settlements

House Bill 2490 has been introduced and it is best to quote from the sponsoring legislator’s words: [S]ome employers and insurers require claimants to sign side agreements forcing them to resign, preventing them from ever...more

Marshall Dennehey

Injuries Sustained by a Claimant While Commuting Were Not Compensable Under the Act as the Claimant Was Not a Traveling Employee...

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Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more

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Examining the Boundaries of Medical Payments: Pennsylvania's Supreme Court to Decide on Coverage for Non-Prescription Items for...

The vexing issue of whether insurance carriers, third-party administrators and self-insured employers will be required to pay for a broad array of non-prescription items (for example, over-the-counter medications, dietary...more

Chartwell Law

When is an Employee “On the Clock” But Not in the Course and Scope of Employment?

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In Keim v. Above All Termite & Pest Control, the New Jersey Supreme Court specifically set out rules defining when employment starts and stops under N.J.S.A. 34:15-36. They held that this section of the New Jersey Workers’...more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

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Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina.  She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more

Marshall Dennehey

Superior Court Affirms Decision That Claimant Failed to Prove She Contracted COVID-19 at Work, but Does Not Reach Issue of Whether...

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Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some...more

Marshall Dennehey

Appellate Division Affirmed the Trial Court, Noting the Defendants’ Actions Did Not Reach the High Bar to Apply the Intentional...

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Heuman v. Heuman, et al., No. A-1593-21 (Dec. 11, 2023) - The plaintiff injured his right eye while working with a mixer that had been modified, resulting in the loss of his eye and the permanent need for a prosthetic. He...more

Littler

Effective January 1, 2024, Employers in British Columbia, Canada Have Duties to Cooperate and to Maintain Employment Regarding...

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On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill...more

Chartwell Law

Pennsylvania Court Sets Aside “Red Book” Standard for Workers’ Compensation Prescriptions

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On January 2, 2024, the Pennsylvania Commonwealth Court ruled to set aside the long-utilized “Red Book” standard for repricing prescription medications in Pennsylvania workers’ compensation claims. The court directed the...more

Stikeman Elliott LLP

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

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On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more

Cranfill Sumner LLP

Beyond the 500-Week Limit: Understanding Extended Compensation under the North Carolina Workers’ Compensation Act

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Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!...more

Cranfill Sumner LLP

Now You See Me, Now You Don’t: All Things Related to the Compensability of Eye Injuries and Defense of Eye Injury Claims

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Under the North Carolina Workers’ Compensation Act, the total loss of a member or loss of vision is a compensable injury....more

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Just in Case You Didn't (c) It the First Time

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With respect to workplace injuries, The North Carolina Workers’ Compensation Act is a legislative fix to a common law problem. The Act is sometimes called “the grand compromise”  because it was crafted so as to balance the...more

MG+M The Law Firm

Delaware Supreme Court Overturns Precedent, Limits Double Recovery for Injured Employees

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The Delaware Supreme Court recently reinterpreted a section of the state’s Workers’ Compensation Act (WCA) (19 Del. C. § 2301 et seq.) to allow employers and insurance providers to pursue liens on certain excess benefits...more

Marshall Dennehey

Act 111, Which Enacted the Impairment Evaluation Provisions of Section 306(a.3) of the Pennsylvania Workers’ Compensation Act, is...

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Jose Gonzalez v. Guizzetti Farms, Inc. (WCAB) and Guizzetti Farms, Inc. v. Jose Gonzalez (WCAB); No. 144 C.D. 2022; No. 286 C.D. 2022; filed Apr. 18, 2023; by Judge Ceisler (PREVIOUS NON-REPORTED OPINION) - In this case, the...more

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

Connecticut Expands Workers’ Compensation Coverage for Post-Traumatic Stress Injuries for All Employees

On June 5, 2023, Substitute Bill No. 913 was enacted as Public Act (PA) No. 23-35, “An Act Expanding Workers’ Compensation Coverage for Post-Traumatic Stress Injuries for All Employees.”...more

Chartwell Law

Pennsylvania Legislature Considers Changes to Workers’ Compensation Disfigurement Benefits

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The Pennsylvania legislature is considering House Bill 930, a proposed amendment to the Pennsylvania Workers’ Compensation Act (the “Act”). If passed, the proposed amendment would result in two substantial changes to...more

Chartwell Law

The Pennsylvania Supreme Court Affirms Doctrine of Workers' Compensation Exclusivity

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The Pennsylvania Supreme Court issued a significant decision this week, enforcing the Pennsylvania Workers’ Compensation Act’s exclusivity provision. Franczyk v. The Home Depot, Inc. (Pa. April 19, 2023)....more

Seyfarth Shaw LLP

Pennsylvania Court Holds that It Is “High Time” Employers Reimburse Employees Who Use Medical Marijuana to Treat Work Related...

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On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision regarding employee use of medical marijuana in the workers’ compensation context. The decision in Fegley v. Firestone Tire & Rubber (Workers’ Comp....more

Weber Gallagher Simpson Stapleton Fires &...

Exclusive Remedy Provisions Under the Pennsylvania Workers’ Compensation Act

In Yoder v. McCarthy Constr., Inc., 2023 Pa. Super. LEXIS 36 the Pennsylvania Superior Court recently denied a $5.59 million verdict to an injured worker. When Jason Yoder fell through a hole in the roof while doing repairs...more

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Separate Agreement Does Not Have the Effect of Tolling the Two-Year Statute of Limitations Under the Workers’ Compensation Act

Ocean Wholesale Nursery LLC, the respondent, appealed from an order denying its motion to dismiss Donald Servais's, the petitioner, workers' compensation petition and from a final judgment awarding the petitioner $75,516.00....more

Weber Gallagher Simpson Stapleton Fires &...

Recent Pennsylvania Supreme Court Decision Allows Employers to Pull a TNCP and File a Medical-Only NCP

Nationwide among the claims and risk management community, Pennsylvania is known as being a forms-intensive state. But the Commonwealth just became slightly less forms-intensive with the recent Pennsylvania Supreme Court...more

Chartwell Law

Where Are We Now in a Post-Lorino World?

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On December 22, 2021, the Pennsylvania Supreme Court issued a decision in Lorino v. WCAB (Commonwealth of Pennsylvania), 266 A.3d 487 (Pa. 2021), which generally held that attorney’s fees shall be awarded when an injured...more

Butler Weihmuller Katz Craig LLP

Pennsylvania Finds Exception to Anti-Subrogation Rule

The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more

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Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

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For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

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