News & Analysis as of

Workers' Compensation Updates

Read Workers' Comp updates, news, and legal commentary from leading lawyers and law firms:
Morgan Lewis

New Restatement Rule Expands Vicarious Liability for Employee Sexual Misconduct

Morgan Lewis on

The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more

Marshall Dennehey

Appellate Division Affirms Dismissal of Construction Zone Death Suit Against Employer and Engineering Firms Based on Workers’...

Marshall Dennehey on

Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025) - On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction...more

Marshall Dennehey

Court Affirms Termination Petition After C&R Agreement Limits Scope of Work Injury

Marshall Dennehey on

Darin Borrelli v. Interstate Gas Supply (WCAB), No. 188 C.D. 2024, February 24, 2025, (previously not reported and reported by Order dated July 8, 2025) - In a recent decision, the Commonwealth Court of Pennsylvania affirmed...more

Marshall Dennehey

Court Affirms Benefits for Aggravation of Preexisting Knee Condition Despite Employer’s Challenge

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Lebanon Transit v. Philip Schaeffer (WCAB), No. 141 C.D. 2024, April 7, 2025, (previously not reported and reported by Order dated July 10, 2025) - The Commonwealth Court of Pennsylvania affirmed a decision awarding benefits...more

Ward and Smith, P.A.

Legal Considerations for Insuring an Equine Business: Guidance for Boarding Stables and Event Hosts

Ward and Smith, P.A. on

For these businesses, insurance is one of those risk management tools that plays a critical role in protecting business assets, safeguarding against liability, and facilitating continuity of business operations in the event...more

Woodruff Sawyer

Health, Wellness, and Workers' Comp: A Promising Cost-Saving Connection

Woodruff Sawyer on

Employee health and wellness directly influence workers’ compensation costs, especially when comorbid conditions are involved. Implementing targeted wellness programs can help HR leaders reduce these costs and improve overall...more

Weber Gallagher Simpson Stapleton Fires &...

Shotgun Pleadings Lead to Holes Allowing for Dismissal

As defense counsel, not only do we have an obligation to evaluate plaintiffs’ complaints to develop affirmative defenses and form defense strategy, but we must also assess the viability of the claims on their face. In a...more

Husch Blackwell LLP

Colorado’s 2025 Legislative Session: Key Employment Law Changes and Compliance Updates for Employers

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The 2025 Colorado legislative session concluded on May 7, 2025. This latest session has brought a series of significant updates that are poised to reshape the compliance landscape for employers across the state. Among the...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Cost, Care and Captives: A Mid-Size Employer’s Guide to Benefit Trends

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On this episode of Williams Mullen’s Benefits Companion, host Brydon DeWitt is joined by Christian Mosier, president of BenX Consulting Group, to explore what’s really driving benefit strategy for midsize employers heading...more

Marshall Dennehey

Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

Marshall Dennehey on

Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he...more

Fisher Phillips

Puerto Rico Supreme Court Tightens “Just Cause” Under Law 80 in Injury-Firing Case

Fisher Phillips on

The Puerto Rico Supreme Court recently ruled that an employer did not have just cause under local employment law to dismiss an employee who required additional medical treatment after the expiration of the job reserve period...more

Perkins Coie

Washington Supreme Court Lowers Bar for Employee Lawsuits Over Latent Occupational Diseases

Perkins Coie on

Key Takeaways - - The Washington Supreme Court has relaxed the evidentiary burden for employees seeking to bypass the workers’ compensation tort immunity that typically protects Washington employers. - Employees may now...more

Jackson Lewis P.C.

Puerto Rico Supreme Court Reaffirms Importance of Just Cause for Employee Terminations

Jackson Lewis P.C. on

The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)....more

Pullman & Comley - Labor, Employment and...

An Overview of Legislation Affecting Employers Passed by the 2025 Sessionof the Connecticut General Assembly (Part Two)

On June 30, 2025, we covered some of the labor and employment related bills passed by the General Assembly during its 2025 Regular Session, including changes to the paid sick leave law and to the state’s municipal employees...more

Husch Blackwell LLP

Washington Establishes New Standard for Deliberate Injury Exception in Latent Disease Cases

Husch Blackwell LLP on

In May 2025, the Supreme Court of Washington overruled previous precedent regarding the deliberate intent to injure exception related to workers’ compensation immunity for employers, finding that an employee may sue its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida’s New State Laws Hitting the Books This Summer

As their employees flock to Florida’s famous beaches, water parks, and pools this summer, Florida employers need to look out for a wave of new legislation that became effective on July 1, 2025. ...more

Littler

Puerto Rico Supreme Court Clarifies Limits for Unjustified Dismissal Under the Workers' Compensation Act

Littler on

On June 26, 2025, the Puerto Rico Supreme Court (PRSC) issued an opinion in Méndez Ruiz v. Techno Plastics Industries, Inc., 216 D.P.R. ____, 2025 TSPR 68 (2025), determining whether the defendant had “just cause” under...more

Seyfarth Shaw LLP

Safe Staffing Levels? OSHA and Legal Liabilities

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OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe. ...more

Cranfill Sumner LLP

Understanding the Limits of Employer Liability Under North Carolina’s Woodson Exception

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The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries.  The employee is normally relegated to filing a...more

Marshall Dennehey

Be Specific to Avoid Waiver of Subrogation Rights

Marshall Dennehey on

Key Points: New Jersey Workers’ Compensation Statute includes provisions for employers to seek subrogation in claims involving third-party recoveries by employees....more

Marshall Dennehey

A Costly Mistake

Marshall Dennehey on

Key Points: A workers’ compensation judge is not required to correct a mistakenly-issued Notice of Compensation Payable, but they may correct a mistakenly-issued Notice of Compensation Payable....more

Parker Poe Adams & Bernstein LLP

Can Employers Fire Workers for Failure to Report Workplace Injuries?

Companies attempting to manage workers' compensation expenses often express frustration over injury claims made by employees weeks or even months after the alleged incident occurred. In some situations, such as those...more

Marshall Dennehey

Idiopathic Fall Standard, Without the Fall

Marshall Dennehey on

There was a fall in this case, but the claimant’s injury—disk extrusion at L3-4—occurred before the fall, when he stood up from a seated position. This case highlights that when an injury is personal to a claimant and not...more

Woodruff Sawyer

Life Sciences Insurance: Navigating Risk from Lab to IPO

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In our new webinar series, Risk Management for Your Life Sciences Company, we discuss the insurance and risk management milestones life science companies should prepare for as they move from early funding through clinical...more

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