News & Analysis as of

Workers' Compensation Claim State and Local Government Employer Liability Issues

Goldberg Segalla

Court Highlights Distinction Between Pre- and Post-Retirement Benefits and Workers’ Compensation Carrier’s Reimbursement Rights...

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The recent New York Court of Appeals decision in Matter of Schulze v. City of Newburgh Fire Department (April 10) has significant implications for municipal employers and workers’ compensation insurance carriers in New York,...more

McNees Wallace & Nurick LLC

Addressing Workers’ Compensation Issues for the Remote Workforce

The ever-evolving work landscape and rise of remote work have brought about new challenges and opportunities for Pennsylvania employers. A critical aspect of maintaining employee well-being and ensuring legal compliance has...more

Spilman Thomas & Battle, PLLC

Intentional Tort Legislation Damages Cap Passed in West Virginia Legislative Session 2023

In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more

Steptoe & Johnson PLLC

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

Steptoe & Johnson PLLC on

In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all...more

Snell & Wilmer

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

Snell & Wilmer on

In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company,...more

Vinson & Elkins LLP

The Novel Coronavirus Is Giving Rise To Novel Lawsuits Against Employers

Vinson & Elkins LLP on

Typically, an employees’ exclusive remedy for work-related injuries is through their state’s workers’ compensation system. As an example, suppose an employee suffers a work-related injury as a result of her employer’s...more

Bricker Graydon LLP

Governor DeWine approves numerous changes to Ohio workers’ compensation

Bricker Graydon LLP on

On June 16, 2020, Ohio Governor DeWine signed House Bill 81, legislation that intends to alter a number of aspects of the state’s workers’ compensation system. ...more

Littler

Minnesota Update: The Latest COVID-19 Developments Impacting Minnesota Employers

Littler on

On March 20, 2020, we published an Insight article detailing Minnesota’s swift response to the COVID-19 pandemic and the many resulting impacts on Minnesota employers. Over the last few weeks, Minnesota’s employment laws have...more

Tucker Arensberg, P.C.

Workers’ Compensation Claims for Healthcare Professionals Exposed to COVID-19 in PA – Update

Tucker Arensberg, P.C. on

Just a few short weeks ago, the Center for Disease Control’s Director of the National Center for Immunization and Respiratory Diseases warned that the spread of coronavirus in the U.S. was “not a question of if, but when.” As...more

Pierce Atwood LLP

What Maine Employers Need to Know About 2019 Workers' Compensation “Reforms”

Pierce Atwood LLP on

It was inevitable that some of the 1993 reforms that stabilized Maine’s workers’ compensation market and brought Maine closer to the national average in terms of cost and benefits would be peeled back when the 129th...more

FordHarrison

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

FordHarrison on

Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more

McNees Wallace & Nurick LLC

Whose Employee is it Anyway? The Construction Workplace Misclassification Act Provides Clarity in Workers’ Compensation Cases

The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more

McNees Wallace & Nurick LLC

Avoid Jumping to Conclusions About Compensability of Work Injuries Caused by an Employee’s Intentional, High-Risk Conduct

What should a Pennsylvania employer do when an employee seeks workers’ compensation benefits after injuring himself by engaging in risky behavior at work? ...more

Fisher Phillips

Web Exclusive: The ABC’s Of AEDs

Fisher Phillips on

Every time a natural disaster hits, we learn of at least one person who tragically died of a heart attack when placed in a stressful or unusual situation. Sadly, we hear little about the hundreds of thousands of other deaths...more

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