News & Analysis as of

Workers' Compensation Claim Evidence

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

Gray Reed on

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

Marshall Dennehey

Delaware Superior Court Reverses Industrial Accident Board Decision, Holding the Board Erred as a Matter of Law and Abused Its...

Marshall Dennehey on

United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. The...more

Marshall Dennehey

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

Marshall Dennehey on

Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Affirms Judge’s Discretion in Findings of Fact and Credibility

On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more

Weber Gallagher Simpson Stapleton Fires &...

New York Court of Appeals Clarifies WCL § 21(1) in Work Assault Cases: Timperio v. Bronx Lebanon

The New York Court of Appeals issued a decision last week, clarifying the rebuttable presumption of WCL § 21(1) in work assault cases, particularly in a mass shooting scenario. When an injury happens during work, it is...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] “I Know What You Did Last Weekend” Effective Use of Social Media in Workers’ Compensation Litigation - July 20th, 1:00...

As of June 2022, Facebook has 1.62 billion monthly active users and sees 8 billion average daily video views from more than 500 million users. While the popular use of social media has increased exponentially over the past...more

Weber Gallagher Simpson Stapleton Fires &...

Slippery When Wet: Parking Lot and Sidewalk Workers' Compensation To Pay or Not to Pay

Attorneys Vanessa Mendelewski and Jeffrey D. Newby review the statute and case law regarding the Workers’ Compensation Act in New Jersey and injuries occurring on sidewalks and parking lots while employees are coming to work...more

Weber Gallagher Simpson Stapleton Fires &...

Workers' Compensation Academy: Independent Medical Evaluations Considerations for Pennsylvania Workers' Compensation Cases

What considerations should businesses examine when obtaining an Independent Medical Evaluations (IME) in workers' compensation matters in Pennsylvania? In this episode, Weber Gallagher Partner Peter Harrison and Associate...more

Fisher Phillips

Illinois Significantly Alters Employers’ Burden Of Proof In COVID-19 Workers’ Compensation Claims

Fisher Phillips on

Illinois has made it easier for certain workers who contract COVID-19 to be covered by the state workers’ compensation system. In an emergency amendment to the Rules of Evidence applicable to matters before the Illinois...more

Foley & Lardner LLP

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Foley & Lardner LLP on

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Jones Day

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

Jones Day on

On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide