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HTMLVirginia Significantly Raises Worker Misclassification Fine
Phyllis C. Katz; Sands Anderson PC;
Legal Alert/Article
July 29, 2014, previously published on July 14, 2014
Worker misclassification remains a number one target area for both state and federal review. On July 1, 2014, the Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure...

 

HTMLGovernor Haley appoints Mike Campbell as Interim Commissioner
Kristian Cross; Collins & Lacy, P.C.;
Legal Alert/Article
July 24, 2014, previously published on July 2014
Governor Nikki Haley is appointing Mike Campbell to the South Carolina Workers’ Compensation Commission to fill the vacancy left by Commissioner Andrea Roche. Commissioner Roche announced her resignation and decision to return to private practice on July 1, 2014 to the surprise and sadness...

 

HTMLNew Wage Loss Rules in Effect
Andrew R. Thaler; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 18, 2014, previously published on July 11, 2014
Effective Feb. 13, 2014, there are new rules governing wage loss compensation. Partially revising OAC 4125-1-01, the new rules are largely responsive to Ohio Supreme Court rulings. The updates affect both working and nonworking wage loss claimants. Ultimately, the new rules are a more fluid...

 

HTMLMedicaid's Right to Recovery in Workers' Compensation Claims
Lissa Klein; Hall Booth Smith, P.C.;
Legal Alert/Article
July 15, 2014, previously published on June 27, 2014
While employers and insurers are quite familiar with the impact of Medicare in the context of a workers' compensation claim, Medicaid can also greatly affect the handling of a workers' compensation claim as well. Medicaid is a federal entitlement program which provides healthcare to the poorest...

 

HTMLMichigan Federal Court Grants Motion to Dismiss Tort Claims that Failed to Meet LHWCA Exclusivity Exceptions
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 9, 2014, previously published on July 6, 2014
A millwright at a vessel-loading facility was injured when handling mooring cables without having been trained to do so. His amended complaint included two tort claims against his employer that allegedly fell within limited exceptions to the exclusivity of the Longshore and Harbor Workers’...

 

HTMLEmployer May Be Shielded from Claims for Attorney's Fees Under the Longshore and Harbor Workers' Compensation Act ("LHWCA") Upon Payment of Any Amount of Compensation to Claimant
Matthew S. Lejeune; Jones Walker LLP;
Legal Alert/Article
July 8, 2014, previously published on June 27, 2014
The LHWCA is a no-fault compensation scheme under which an employer is required to pay medical and disability benefits to an employee for work-related injuries and illnesses without considering the fault of either party. In exchange for these guaranteed benefits, the employer is immune from tort...

 

HTMLWhat Evidence will I need for my Virginia Workers' Compensation Hearing?
Joseph A. Miller; Joe Miller Law, Ltd.;
White Paper
July 7, 2014
If you have been injured in a work accident you may be wondering what evidence you will need to have for your case. Although Virginia does not require you to prove the employer was at fault, you still must be able to show that the accident was work-related, and why you cannot work. If you were...

 

HTMLCalifornia Appellate Court Remands Workers’ Compensation Appeals Board Finding that Officer’s Off-Duty Exercise Injury Was Not Compensable
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 7, 2014, previously published on June 30, 2014
On January 9, 2012, a correctional sergeant injured his knee while at home performing jumping jacks as part of his normal warm-up routine prior to more strenuous exercise. The correctional sergeant reported his injury as work related because it took place while exercising to maintain the physical...

 

HTMLVirginia Workers' Compensation: Notice to Employer Requirement
Joseph A. Miller; Joe Miller Law, Ltd.;
White Paper
July 3, 2014
In most Virginia workers compensation cases the law requires the employee to give written notice to their employer of any workplace accidents he or she may have been involved in. There are a few exceptions to this law; however, to be safe, it is best to always give written notice to your employer...

 

HTMLFourth Circuit Holds it Lacks Jurisdiction to Review District Court Remand Order in Fela Case in Spite of LHWCA Defense
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 2, 2014, previously published on June 25, 2014
A railroad employee working as a control operator and brakeman at a terminal created to load coal from rail cars onto ocean-bound vessels was injured and awarded benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) after tripping on coal dust and debris that...

 


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