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Documents on workers compensation
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|“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;
September 12, 2014, previously published on September 10, 2014On 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 because her work comp claim...
|Two Recent Commonwealth Court Decisions Show the Need for Thorough Investigations Involving Alleged Injuries Sustained On Employer Premises|
Burns White LLC;
September 9, 2014, previously published by Burns White websiteThe 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...
|Minnesota 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.;
September 5, 2014, previously published on August 28, 2014An 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...
|Analysis--Florida's Workers' Compensation Law Challenged in Court|
Benjamin J. Zellner; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
September 5, 2014, previously published on September 3, 2014A 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'...
|Intervening 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;
September 4, 2014, previously published on August 27, 2014On 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.
|Workers’ Compensation Benefits and Unemployment Compensation Benefits ... Are Injured Workers Entitled to Both?|
Keri L. Morris-Johnston; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 2, 2014, previously published on September 1, 2014Is 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...
|Why Falling Off a Ladder is No Longer Enough for a Workers' Compensation Claim|
Peter G. Irot; Gentry Locke Rakes & Moore, LLP;
September 1, 2014, previously published on August 15, 2014A 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"...
|Circuit Court Finds Workers’ Compensation Immunity Statute 440.11 Unconstitutional|
Hinda Klein; Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A.;
August 29, 2014, previously published on August 14, 2014We 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....
|No Workers' Comp Immunity! No Insurance! Sure Is a Problem|
Gregory D. Snell; Foley & Lardner LLP;
August 28, 2014, previously published on August 25, 2014In 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...
|Dramatic Reforms to Workers’ Compensation Act|
Lewis Thomason King Krieg Waldrop P.C.;
August 27, 2014, previously published on August 2014In 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...