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Workplace Injury Appeals

Haight Brown & Bonesteel LLP

California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more

Rivkin Radler LLP

June 2025 New York Insurance Coverage Law Update

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A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Gordon Rees Scully Mansukhani

Construction Law Update - First Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

Marshall Dennehey

Two Incidents. One Injury. Recurrence Versus Aggravation

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Ferrell v. City of Wilmington, 2025 WL 753378 (Del. Super Ct. Mar. 10, 2025) - The Delaware Superior Court reviewed and affirmed a decision by the Industrial Accident Board concerning a claimant who sustained a compensable...more

Marshall Dennehey

Disputed Claims and Credibility Challenges: Workers’ Compensation Case Dismissed After Bifurcated Trial

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Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025) - The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during...more

Marshall Dennehey

Commonwealth Court Clarifies Scope of IREs, Orders Remand in Light of Duffey Decision

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Del Val Home Improvements v. Gaw; No. 1117 C.D. 2022; filed March 19, 2025; Judge Wojcik - In a case hinging on the interpretation of impairment rating evaluations (IREs) under the Act, the Commonwealth Court has ordered a...more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Marshall Dennehey

Delaware Industrial Accident Board Rules Claimant is an Actually Displaced Worker Following Job Search Evaluation

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Frances Carr v. Amazon.com Services, IAB No. 1540462 (Feb. 25, 2025) - In Delaware workers’ compensation cases, claimants who are unable to return to their previous jobs due to injury may contend they are prima facie...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

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Conn Maciel Carey LLP

Key OSHRC Rulings Explained: Secretary of Labor v. Trinity Solar LLC

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Welcome to “Key OSHRC Rulings Explained,” a new series in Conn Maciel Carey LLP’s OSHA Defense Report blog, designed to explore significant case summaries of Occupational Safety and Health Review Commission (OSHRC) decisions....more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – March 2025

The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more

Marshall Dennehey

Did the Cat Move the Ladder?

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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

Davis Wright Tremaine LLP

Washington Court of Appeals Reaffirms General Contractors' Duty To Maintain Safe Jobsite

If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2025)

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Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Goldberg Segalla

Georgia Court's Ruling on Rycroft Defense Signals Key Limitation for Employers

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Unfortunately, not everything is always peachy in the Peach State. Historically, the Rycroft defense has allowed employers to deny workers’ compensation benefits when a worker makes false representations about their physical...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

Maison Law

Worker's Compensation Denied in California: What to Do Next

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Workers’ compensation is considered a no-fault insurance system. Basically, it is intended to help injured workers get financial compensation for their lost wages and medical expenses if they are injured at work. However,...more

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

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This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

Goldberg Segalla

Appellate Court's Liberal Ruling on Accident and Causation

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KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not...more

Marshall Dennehey

Workers’ Compensation Appeal Board Violates Long-standing Workers’ Compensation Principles by Overturning Credibility Findings...

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Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

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Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Foster Swift Collins & Smith

Michigan Supreme Court Revisits Mental Disability Standard

In a July 28, 2023 decision, the Michigan Supreme Court revisited the criteria for compensability under the Michigan Workers’ Compensation Disability Act (WCDA) in cases involving mental disabilities arising from workplace...more

Morris James LLP

How do I appeal a workers’ compensation decision?

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In Delaware, employees injured on the job are often entitled to workers' compensation benefits for medical expenses and wages lost by being unable to work during recovery. However, in some cases, the injured worker's claim...more

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