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Documents on Workers Compensation

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HTML“Not Compensable” Does Not Always Mean “Not Covered”: Using Conflicts Law to Bar Civil Actions Arising From Injuries Subject to Another State’s Workers’ Compensation Statute
N. Drew Kemp; HeplerBroom LLC;
Legal Alert/Article
September 12, 2014, previously published on September 10, 2014
On June 27, 2014, the Appellate Court of Illinois, First District, held that a plaintiff’s common-law negligence action against her decedent’s employer was not barred by the exclusive remedy provision of Illinois’ workers’ compensation statutes[1] because her work comp claim...


HTMLTwo Recent Commonwealth Court Decisions Show the Need for Thorough Investigations Involving Alleged Injuries Sustained On Employer Premises
Burns White LLC;
Legal Alert/Article
September 9, 2014, previously published by Burns White website
The Commonwealth Court recently issued two decisions relating to issues involving course and scope of employment and premises liability: Ace Wire Spring and Form Co. v. WCAB (Walshesky), 29 PAWCLR 110 (Pa. Commw. 2014) and PPL v. WCAB (Kloss), 29 PAWCLR 112 (Pa. Commw. 2014). Both of these...


HTMLMinnesota Supreme Court: Workers’ Compensation Retaliation Claims Can Result in Jury Trial, But Employers Have No Defense Based on Complaint Resolution Procedure
Kurt J. Erickson; Jackson Lewis P.C.;
Legal Alert/Article
September 5, 2014, previously published on August 28, 2014
An employee claiming workers’ compensation retaliation under Minnesota’s workers’ compensation retaliation statute, Minnesota Statute Section 176.82, has a right to a jury trial, the Minnesota Supreme Court has held. Schmitz v. U.S. Steel, No. A12-709 (Minn. Aug. 27, 2014). The...


HTMLAnalysis--Florida's Workers' Compensation Law Challenged in Court
Benjamin J. Zellner; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
September 5, 2014, previously published on September 3, 2014
A recent Florida court case, Florida Workers' Advocates et al. v. Florida, could potentially upend Florida's system of workers' compensation. On August 13, 2014, circuit court judge Jorge E. Cueto in the 11th Judicial Circuit for Miami-Dade County held that a major section of the Florida Workers'...


HTMLIntervening Injuries Must Be Considered Before Awarding PTD Compensation
Carolyn A. Davis, Lawrence C. Davison, Samuel M. Duran, Christopher B. Ermisch, Cynthia C. Felson; Taft Stettinius & Hollister LLP;
Legal Alert/Article
September 4, 2014, previously published on August 27, 2014
On May 7, 2014, the Ohio Supreme Court ruled that a staff hearing officer’s failure to address an employer’s defense of an intervening injury in an order awarding permanent and total disability (PTD) compensation was a clear mistake of law.


HTMLWorkers’ Compensation Benefits and Unemployment Compensation Benefits ... Are Injured Workers Entitled to Both?
Keri L. Morris-Johnston; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 2, 2014, previously published on September 1, 2014
Is a claimant entitled to workers’ compensation benefits when her doctor verbally tells her that she is unable to work? Only if there is evidence to show that her no-work status was actually discussed with her and that it is supported in the medical records. If an injured worker in Delaware...


HTMLWhy Falling Off a Ladder is No Longer Enough for a Workers' Compensation Claim
Peter G. Irot; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
September 1, 2014, previously published on August 15, 2014
A pillar of Virginia workers' compensation law is the requirement that the claimed injury "arise out of" the claimant's employment. The Virginia Workers' Compensation Commission and Virginia appellate courts generally interpret this to mean that there must be a "causal link"...


Adobe PDFCircuit Court Finds Workers’ Compensation Immunity Statute 440.11 Unconstitutional
Hinda Klein; Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A.;
Legal Alert/Article
August 29, 2014, previously published on August 14, 2014
We have received numerous inquiries regarding a Miami-Dade Circuit Court's order granting an Amended Motion for Summary Judgment in favor of Petitioners Florida Workers' Advocates, Workers' Injury Law & Advocacy Group and Elsa Padgett in a case ostensibly against the Florida Attorney General....


HTMLNo Workers' Comp Immunity! No Insurance! Sure Is a Problem
Gregory D. Snell; Foley & Lardner LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally forfeits the right to bring civil suit (subject to limited...


HTMLDramatic Reforms to Workers’ Compensation Act
Lewis Thomason King Krieg Waldrop P.C.;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In 2013, the Tennessee Legislature passed dramatic reforms to the Workers’ Compensation Act, Tenn. Code Ann. § 50-6-101, et seq., which went into effect on July 1, 2014. It would be impossible to provide a full summary of those changes in this space, but here are some of the most...


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