News & Analysis as of

Workers’ Compensation Statutory Interpretation Appeals

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Marshall Dennehey

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

Marshall Dennehey on

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

Marshall Dennehey

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

Marshall Dennehey on

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

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

Marshall Dennehey

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

Marshall Dennehey on

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

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

Cranfill Sumner LLP

NC Court Clarifies That Prior Settlement Does Not Preclude New Workers’ Comp Claim for Subsequent Injury

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In Collins v. Wieland Copper Prods., LLC, _____ N.C. App. ______, 910 S.E.2d 373 (2024), the Court of Appeals held that a prior settlement agreement with an employee for a prior work injury did not bar the employee from...more

Weber Gallagher Simpson Stapleton Fires &...

NY Workers’ Compensation Case Roundup - May 2025

The lone decision from the 3rd Dept today is very harsh. In Matter of Coyle v. W & W Steel Erectors, the 3rd Dept. affirmed the Board Panel’s decision to reject an appeal as late, despite the basis for the appeal being a...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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Update: 3rd Dept. Decision on Case on FROI-00 then SROI-04

This decision was released by the 3rd Dept. on Thursday 4.10.25: We see this situation happen from time to time. A First Report of Injury (FROI) is initially filed – “Lost Time with No Paid Indemnity” and the Agreement to...more

Husch Blackwell LLP

7th Circuit Update: What Martin v. Goodrich Means for IL’s Workers’ Compensation Landscape

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We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more

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