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Supreme Court Holds That A Workers' Compensation Judge Has the Authority to
Reject Uncontradicted Testimony Given By A Medical Witness Who Performed An
Impairment Rating Examination|
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 20, 2016, previously published on June 13, 2016The Supreme Court of Pennsylvania recently reversed a decision of the Commonwealth Court concerning testimony given by a medical witness who performed an Impairment Rating Examination (IRE) on a claimant. The claimant sustained multiple injuries in a 2005 work-related motor vehicle accident. In a...
|2016 Tennessee Legislative Update|
James R. Mulroy; Jackson Lewis P.C.;
June 8, 2016, previously published on May 26, 2016In its latest session, the Tennessee Legislature passed four bills that affect Tennessee public and private employers’ workplace policies and procedures.
|Florida Supreme Court Holds Mandatory Attorney’s Fee Schedule In Workers’ Compensation Cases Unconstitutional But Declines To Consider Other Constitutional Challenges To The Workers’ Compensation Statute|
June 6, 2016, previously published on April 28, 2016The Florida Supreme Court has issued a long-awaited opinion in Castellanos v. Next Door Co., Case No. S13-2082 (Fla., April 28, 2016), in which the Court held that the mandatory fee schedule in Florida Statute 440.34 (2009) is unconstitutional. The Court reasoned that the statute, which...
|First Department Reopens 25-a for Claims With Policies Prior to Oct. 1, 2013|
Jamie L. Caldwell, Danielle S. Engel, Alexis Hatten, Chelsea Keenan, Brandon W. Sawyer; Goldberg Segalla LLP;
June 3, 2016, previously published on April 18, 2016On April 14, a New York appellate court found unconstitutional the statute closing the Fund for Reopened Cases (Section 25-a) for purposes of workers’ compensation insurance policies issued before October 1, 2013. For qualifying cases, insurers underwriting policies in New York once again...
|First DCA, Florida Supreme Court Use 1, 2 Punch To Knockout Workers’ Compensation Fee Provisions, But Exclusivity Maintained|
McConnaughhay Coonrod Pope Weaver Stern Thomas P.A.;
May 30, 2016, previously published on April 29, 2016In a span of less than 10 days, two decisions issued by the First District Court of Appeal and the Florida Supreme Court have resulted in the evisceration of the statutory fee requirements in Chapter 440. The First District Court of Appeal issued its decision in Miles v. City of Edgewater, Case No....
|DOL Announces FMLA Guide for Employers and Forthcoming Poster|
Shawe Rosenthal LLP;
May 26, 2016, previously published on April 29, 2016The Department of Labor recently announced that it will be issuing a revised Family and Medical Leave Act poster and that it has released a new FMLA resource for employers: “The Employer’s Guide to the Family and Medical Leave Act.”
|Recent Win: Lesley Joseph v. Monmouth County|
Carla P. Aldarelli; Capehart & Scatchard, P.A.;
May 26, 2016, previously published on April 20, 2016Recently, in Joseph v. Monmouth County, A-4144-13T3 (App. Div. December 14, 2015), the Supreme Court of New Jersey denied certification of the Appellate Division’s affirmation of the trial court’s dismissal of this case.
|Several New Worker's Compensation Provisions Favorable to Wisconsin Employers|
Dean Frederick Kelley; Ogletree, Deakins, Nash, Smoak
& Stewart, P.C.;
May 18, 2016, previously published on April 26, 2016Wisconsin Governor Scott Walker signed into law several new employer-friendly 2016 amendments to the state’s Worker’s Compensation Act. In addition to cutting the statute of limitations for traumatic injury claims in half, from 12 years to 6, the amendments also deny benefits to...
|Jersey City Proposes Groundbreaking Minimum Workweek Ordinance|
Jeffrey J. Corradino, Eugene U. Ubawike; Jackson Lewis P.C.;
May 18, 2016, previously published on April 29, 2016The City of Jersey City, New Jersey, recognizing that building service employees compose “a significant portion” of those who work in the City, is considering an ordinance to establish a minimum 30-hour workweek for them. The measure, launched by City Council President Rolando Lavarro,...
|California Governor Signs Paid Family Leave Expansion Into Law|
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
April 26, 2016, previously published on April 11, 2016On April 11, 2016, California Governor Jerry Brown signed legislation that will increase the wage replacement rate under the Paid Family Leave program for California workers from its current level of 55 percent to 60 or 70 percent (depending on the worker’s income). Assembly Bill No. 908 (AB...