News & Analysis as of

Workers’ Compensation

Foley & Lardner LLP

Florida Decision Impacts Employees’ Abilities to Bypass Workers’ Compensation System and Sue Employers for Mental Distress Tort...

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A recent decision from the Fifth District Court of Appeal, Steak ‘N Shake v. Spears, highlights the import of Florida’s workers’ compensation adjudicative framework and may serve to prevent highly emotional claims for...more

Woodruff Sawyer

When Doctors Disappear: Addressing the Human Cost of a Strained Workers’ Comp System

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In the last few years, there has been a growing shortage of physicians to treat workers’ compensation cases across the country. Employees who are injured on the job are finding it increasingly difficult to access timely and...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, can team-building get you sued? Four risks, four solutions

Don't go off the deep end. Alison Green of the Ask a Manager blog had a great column in Slate this week about over-zealous employer team-building activities. Here’s the intro: “You’re not leaving yet, are you? Team karaoke...more

Marshall Dennehey

Delaware Superior Court Affirms Board’s Interpretation of Total Disability Duration Under Gilliard-Belfast, Setting Stage for...

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United Parcel Service v. Smith, C.A. No. N24A-10-006 CLS (Del. Super. May 19, 2025) - The claimant was injured at work on February 3, 2022, and began receiving total disability benefits. After a period of treatment, including...more

Frantz Ward LLP

Mental Block: A Brief Look at the Compensability of Psychological Conditions in Ohio Workers’ Compensation

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Over the past few years, more and more Americans have been diagnosed with a mental health condition. According to Mental Health America, nearly 1 in every 5 adults will have a diagnosable mental health condition in any given...more

Cozen O'Connor

New York Note: Q-Team Expansion, New WCB Leadership, NYC ICE Ruling, Rivera Leaving NYCC, Council Legislation

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NYPD Expands Quality of Life “Q-Teams” to Queens- Mayor Eric Adams and NYPD Commissioner Jessica Tisch announced the expansion of the NYPD’s Quality of Life Division “Q-Teams” across all of Queens. The initiative aims to...more

Adams & Reese

Shielding Your Mission: A Veteran Business Owner’s Guide to Liability Insurance

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Military service teaches you how to assess risks, plan for the unexpected, and protect what matters most. These same skills are essential when running a business, particularly when it comes to safeguarding your company. Just...more

Marshall Dennehey

Court of Appeal Holds that Judges of Compensation Claims Lack Jurisdiction Over Employer/Carrier Paid Costs and Have Limited Role...

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Fox v. Sarasota County School Board, Fla. 1st DCA, No. 1D2023-3093, June 25, 2025 - The First District Court of Appeal issued an opinion that clarifies the extent of a Judge of Compensation Claim’s (JCC’s) discretion, and...more

Carlton Fields

Florida Appeals Court Decisions Week of August 11 - 15, 2025

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U.S. Eleventh Circuit Court of Appeals - Huggins v. Manatee Sch Dist - First Amendment, qualified immunity, amending pleadings - Andre v. Clayton Cnty - Atlanta airport random searches, constitutional challenge,...more

Fisher Phillips

Doing Business in Puerto Rico: Top 10 Things Employers Need to Know About the Island’s Workplace Laws

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Vacationers are flocking to Puerto Rico this summer to see the island’s superstar reggaeton singer perform, and the potential economic boost is capturing the attention of many businesses. Whether your business is already...more

Ward and Smith, P.A.

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

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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

Carlton Fields

Florida Appeals Court Decisions Week of July 28 - August 1, 2025

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U.S. Eleventh Circuit Court of Appeals - Pop v. LuliFama.com - class action, FDUTPA, influencers - Perfection Bakeries v. Retail Wholesale - pension fund, withdrawal liability - Bayse v. Philbin - qualified...more

Ward and Smith, P.A.

Getting in the Weeds on Managing Cannabis Operations Risks Through Insurance

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At its core, risk management involves identifying, assessing, and mitigating potential risks to minimize losses and ensure business continuity. A routinely used and universally accepted risk management resource that...more

Woodruff Sawyer

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

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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

Perkins Coie

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

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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

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

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

Marshall Dennehey

Be Specific to Avoid Waiver of Subrogation Rights

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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

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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

Chartwell Law

Key Workers’ Compensation Rulings

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Matter of Pressimone v. New York City Housing Authority (5/1/25) - This case highlights the importance of issuing subpoenas and, when appropriate, requests for extensions in good faith for the deposition testimony of...more

Marshall Dennehey

First District Court of Appeal Enforces Statutory Provision Divesting Judges of Compensation Claims of Subject Matter Jurisdiction

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Sapp v. Sims Crane & Equip. Co./Bridgefield Cas. Ins. Co., Fla. 1st DCA 2025, No: 1D2024-0300, May 7, 2025 - In a per curium opinion from the First District Court of Appeal on May 7, 2025, the court addressed what at first...more

Marshall Dennehey

Commonwealth Court Rejects Insurer’s Reimbursement Claim Against Pharmacy in Billing Dispute

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Pioneer Construction Company, Inc., Eastern Alliance Insurance Company, and employers Alliance, Inc. v. Insight Pharmaceuticals, LLC d/b/a Insight Pharmacy; No. 867 C.D. 2022; filed May 12, 2025; Judge Covey - A workers’...more

Carlton Fields

Florida Appeals Court Decisions Week of June 16 - 20, 2025

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U.S. Eleventh Circuit Court of Appeals - Hicks v. Middleton - vicarious liability, employment, course and scope - UHS v. Sec’y of Labor - OSHA, workplace violence, employer - JF v. Carnival - negligence, cruise,...more

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