News & Analysis as of

Workers’ Compensation Employer Liability Issues

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

Fisher Phillips

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

Fisher Phillips on

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

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

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

Chartwell Law

Key Workers’ Compensation Rulings

Chartwell Law on

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

Cranfill Sumner LLP

NC Court of Appeals Denies Motion to Add Self-Insurance Association in Asbestos Exposure Case

Cranfill Sumner LLP on

In a published decision with a dissent, the NC Court of Appeals denied the Plaintiff’s motion to add North Carolina Self-Insurance Security Association as a party to the claim....more

Weber Gallagher Simpson Stapleton Fires &...

PEOs, Pizza Sauce, and Penalties: New York Workers’ Compensation Appellate Roundup – May 2025

Four workers’ compensation decisions came down from the Appellate Division Thursday, May 29. It was a mixed bag: two good for defense, two not so much....more

Littler

Connecticut Legislature Overrules State Supreme Court on Workers’ Compensation

Littler on

Heeding outcry by employers, the Connecticut legislature has nullified the state Supreme Court’s interpretation of temporary partial disability provisions of the Workers’ Compensation Act....more

Marshall Dennehey

Court Affirms Judge’s Discretion in Refusing to Set Aside Mistakenly Issued Medical-Only NCP

Marshall Dennehey on

City of Philadelphia and PMA Management Corp. v. John Bell; No. 648 C.D. 2024; filed April 2, 2025; Judge Wallace - The Commonwealth Court upheld a decision refusing to set aside a Medical-Only Notice of Compensation Payable...more

Foster Swift Collins & Smith

Why Some Workplace Falls Are Not Compensable: The Idiopathic Fall Doctrine Explained

Under Michigan workers’ compensation law, compensation benefits are payable to an employee who sustains a personal injury that “arises out of” and “in the course of employment.” ...more

Morris James LLP

Finger Amputations at Work: Understanding Your Rights and the Path to Recovery

Morris James LLP on

Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...more

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

Jackson Walker on

An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part One)

Prior to its March 25, 2025 deadline, the Connecticut General Assembly’s Labor and Public Employees Committee likely finished up its work for this legislative session and approved a final flurry of bills that would generally...more

Goldberg Segalla

Gov. Hochul’s Proposed Regulatory Changes to Workers’ Comp Treatment

Goldberg Segalla on

In her 2025 State of the State, Gov. Kathy Hochul outlined several proposals aimed at improving access to medical care within the New York State Workers’ Compensation system. These initiatives, detailed in her “Fighting for...more

Marshall Dennehey

Commonwealth Court Affirms Denial of Reinstatement and Penalty Petitions in COVID-19 Workers’ Compensation Case

Marshall Dennehey on

William Bolds v. City of Philadelphia (WCAB); No. 488 C.D. 2024; filed February 25, 2025; Senior Judge Leavitt - A former police officer’s attempt to reinstate workers’ compensation benefits following a COVID-19 diagnosis was...more

Marshall Dennehey

Claimant’s Appeal Was Insufficient, Workers’ Compensation Judge’s Wage Reduction Stands

Marshall Dennehey on

Bob Evans Restaurants LLC v. Robert Schriver (WCAB); No. 158 C.D. 2024; filed March 11, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision by the Workers’ Compensation Appeal Board, reinstating a judge’s...more

Weber Gallagher Simpson Stapleton Fires &...

NJ Court Rules Medicare Set-Aside Funds Excluded from Workers’ Comp Attorney Fee Calculations

A recent ruling concerning a workers’ compensation case in New Jersey reaffirmed that Medicare Set-Aside (MSA) funds should not be included in the calculation of attorney fees. The case involved a reopener application for a...more

Chartwell Law

Evolving Cannabis Law and Workers’ Compensation

Chartwell Law on

As our understanding of medicine evolves - alongside society’s increasingly relaxed attitude toward cannabis - it’s no surprise that corresponding adjustments are emerging in the field of workers’ compensation law....more

Marshall Dennehey

Did the Cat Move the Ladder?

Marshall Dennehey on

Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Marshall Dennehey

Reimbursement of Pennsylvania Department of Human Services Lien Is Found Not Automatic by Pennsylvania Commonwealth Court

Marshall Dennehey on

Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the...more

Laughlin, Falbo, Levy & Moresi LLP

Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more

Frantz Ward LLP

Understanding Workers’ Compensation Litigation in Ohio: What State Fund Employers Need to Know

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For some state fund employers in Ohio, receiving a court complaint as a defendant in workers’ compensation litigation can be unexpected. Employers experiencing this for the first time are often surprised that an employee can...more

Maison Law

California Farm Worker's Hurt on the Job: Know Your Rights

Maison Law on

California is home to a large and diverse agricultural industry where farm workers play a crucial role in the state's economy. However, the physical demands and hazardous conditions can often make farm work dangerous....more

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