News & Analysis as of

Employer Liability Issues Bodily Injury Workers' Compensation Claim

Marshall Dennehey

Claimant’s Conversation With Fellow Firefighter About Act 46 Cancer Presumption Was Not the Date He Became Aware of His Cancer’s...

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West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more

Marshall Dennehey

The Employers Were Not Required to Reimburse a DHS Lien for the Claimant’s Medical Treatment Until the Medical Providers Submitted...

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Dura-Bond Coating, Inc. v. Ryan (WCAB); No. 1137 C.D. 2023, Filed November 18, 2024; Judge Covey - The claimant suffered amputations of both lower extremities. A workers’ compensation judge granted a Claim Petition and...more

Maison Law

Steps to Take Following a Workplace Injury in California

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Workplace injuries in California are unfortunately common, and they can wreak havoc on your finances now and in the future. While employers are required to provide a safe workplace, accidents and mishaps do occur in all types...more

Goldberg Segalla

N.J. Supreme Court Rules No Coverage Available due to Intentional Wrong Exclusion in Policy

Goldberg Segalla on

On December 12, the New Jersey Supreme Court ruled that there was no coverage available to an employer for its employee’s workplace personal injury lawsuit under the employer’s workers’ compensation and employer’s liability...more

Chartwell Law

The Chartwell Chronicles: Understanding the Medicals

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In Episode 26 of The Chartwell Chronicles, host Brittany Atkinson is joined by special guest Mark Spivak from our Moorestown, NJ office to discuss the importance of the medicals in New Jersey workers' compensation. Brittany...more

Dentons

A New Trend in Workers’ Compensation Shoulder Cases

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After the 2017 Amendments to Iowa Code Chapter 85 provided that shoulder injuries were to be compensated functionally as scheduled member injuries, instead of industrially as whole body injuries, claimants have been looking...more

Adler Pollock & Sheehan P.C.

Workers’ Compensation Act And Contractual Indemnification – A Conflict Between Employer Rights And Responsibilities? Not In...

Massachusetts Workers’ Compensation Act, G.L. 152 §§ 1-86 offers employers certain protections from qualified employee-prosecuted work-related negligence actions at common law. It does not protect employers from honoring...more

Chartwell Law

Employers Take Heed: Unreasonable Contest Counsel Fees Awarded For Untimely Filing of a Medical-Only Notice of Compensation...

Chartwell Law on

In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania held that unreasonable contest counsel fees can be awarded for failure to issue a Notice of Compensation Payable acknowledging a...more

Bricker Graydon LLP

What you need to know about the new workers’ compensation law changes in H.B 81

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House Bill 81 goes into effect on September 15, 2020, and it includes major changes to Ohio’s workers’ compensation laws. Below are a few of the more significant changes employers need to know...more

Laughlin, Falbo, Levy & Moresi LLP

Working From Home: Firing Up Litigation?

In the last several years, there has been an increase in the number of employers who offer a remote work environment (i.e., work from home). In fact, the numbers of employees working from home have increased by 140% since...more

Jones Day

Time for a Policy Checkup: Maximizing Insurance Coverage for Coronavirus Losses

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The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more

Bricker Graydon LLP

BWC proposes 13 percent rate cut in premiums for private employers

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The Bureau of Workers’ Compensation (BWC) recently proposed a 13 percent rate cut in premiums, totaling nearly $132 million, for private employers beginning July 1, 2020. The BWC’s board is expected to approve the cut at a...more

Steptoe & Johnson PLLC

Employee Permitted Recovery Under Employer’s Motor Vehicle Insurance Policy

Steptoe & Johnson PLLC on

The Fourth Circuit Court of Appeals in United Financial Casualty Company v. Ball vacated a judgment of the District Court for the Southern District of West Virginia. The Court held that the district court had improperly found...more

Steptoe & Johnson PLLC

Steptoe & Johnson's First Look Winter 2018 Insurance Newsletter

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Employers face liability in a variety of contexts; however, commercial general liability (“CGL”) policies “generally exclude coverage for injury to an employee ‘arising out of and in the course of’ the employment.” In...more

Bricker Graydon LLP

Injured workers must inform BWC of third-party settlements

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The Ohio Supreme Court recently ruled that the Ohio Bureau of Workers’ Compensation (BWC) must be notified of potential third-party settlements that would compensate an injured worker for an injury, even when an application...more

Carlton Fields

Connecticut Workers’ Compensation Carriers May Pursue Justice

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Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more

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