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Documents on Workers Compensation
 

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HTMLEmployer May Not Impose Advance Notification Requirement On Employees Who Seek Medical Treatment After Workplace Injury In Illinois
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 16, 2014, previously published on October 9, 2014
The U.S. District Court for the Northern District of Illinois concluded that under Illinois law, an employer may not impose an advance notification requirement on employees who seek medical treatment following a workplace injury. In the case, the company policy required an employee involved in a...

 

HTMLBWC Owes Ohio Employers Refunds For Overcharging Premiums
Frantz Ward LLP;
Legal Alert/Article
October 9, 2014, previously published on September 29, 2014
The parties have reached a proposed settlement in the San Allen, Inc., et al. v. Ohio Bureau of Workers’ Compensation case. This class action case, which began back in December 2007 and included a class of approximately 270,000 Ohio businesses, arose out of allegations that the Ohio Bureau of...

 

HTMLThe Sunny Hill Decision and the Evolution of the TTD Test
Dana Hughes; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
October 8, 2014, previously published on September 2014
The Appellate Court, Workers' Compensation Commission Division, on June 26th of this year handed down its decision in Sunny Hill of Will County v. Illinois Workers' Compensation Comm'n, 2014 IL App (3d) 130028WC, affirming the Commission's decision to award TTD to a claimant even though the...

 

HTMLMyth Revealed Regarding your Work Related Injury
Joseph A. Miller; Joe Miller Law, Ltd.;
White Paper
October 3, 2014
According to the Bureau of Labor Statistics, there were around 3 Million reported work-related injuries and illnesses (non-fatal) in 2012. Every day people are injured on the job and they do what they believe is right to help themselves, their families, and their employers. But there are several...

 

HTMLLifetime Medicals Under Virginia Workers' Compensation
Joseph A. Miller; Joe Miller Law, Ltd.;
White Paper
October 3, 2014
When you are injured in a work-related accident and you file a workers’ compensation claim, there are certain benefits that you may be eligible for. One of the benefits is Lifetime Medicals. In this article we will explain what Lifetime Medicals are and what you need to do to ensure you get...

 

HTMLInterpreting the Definition of “Employment” Under N.J.S.A. 34:15-36 of the Act in the Context of Off-Premises Employment.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 3, 2014, previously published on October 1, 2014
The petitioner, a school bus aide, filed a claim with the Division of Workers’ Compensation seeking medical and indemnity benefits after she was injured while stepping from the school bus. The respondent denied that the petitioner’s accident arose out of and in the course of her...

 

HTMLCable Technicians Can Be Traveling Employees With No Fixed Place Of Employment.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The claimant began each workday by reporting to the employer’s facility, where he received his assignments and picked up equipment. He then spent the rest of his workday traveling to various customer locations. He took his company vehicle home each night and used it to report to work in the...

 

HTMLA Claimant Who Fails to Establish a Valid Common Law Marriage to Decedent Is Not Entitled to Widow’s Benefits Under §307 (3).
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The decedent sustained a traumatic brain injury as a result of a drilling rig accident while working for the employer. The employer and the claimant entered into an agreement to pay dependency benefits to the decedent’s two minor children. In the agreement, the claimant reserved the right to...

 

HTMLCan Seek Benefits After Quitting, Provided You Establish Injury Occurred In Course Of Employment. Employer Not Judicially Estopped From Arguing Claimant Not An Employee At Time Of Injury, Even If Employment Admitted In Answer To Civil Action Complaint.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The claimant informed his manager that he was quitting. According to company policy, the manager accompanied the claimant to his company truck to remove his personal belongings. After removing these items, the claimant tripped and fell, sustaining injuries. The claimant timely reported his injury....

 

HTMLA Claimant Who Injures Himself In The Parking Lot A Few Hours Before His Shift Was To Begin Was In The Course And Scope Of Employment At The Time Of The Injury.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The claimant’s shift did not begin until 8 AM, but he testified that he typically arrived at work early because of traffic. He testified that he parked in the employer’s parking lot at approximately 6:30 AM and went into the building to pick up his clean uniforms and take them back to...

 


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