News & Analysis as of

Workplace Injury Bodily Injury

Maison Law

How Personal Injury Settlements are Calculated in California

Maison Law on

California is home to more than its fair share of personal injury claims, the vast majority of which, according to California courts, include car crashes and slip and fall injuries. Workplace injuries involving cuts and...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

Marshall Dennehey

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

Marshall Dennehey on

Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

Marshall Dennehey

Claimant’s Average Weekly Wage Was Properly Calculated Based on a 40-hour Work Week, Even Though He Only Worked a Total of 10 Days...

Marshall Dennehey on

County of Allegheny v. Michael Marzano (WCAB); No 1111 C.D. 2022; filed Dec. 24, 2024 - The claimant was employed by the employer as a corrections officer. He filed a Claim Petition alleging that on July 27, 2018, he was...more

Marshall Dennehey

Employer’s Refusal to Compromise It’s Subrogation Lien During Pendency of a Tort Action Does Not Constitute Bad Faith Resulting in...

Marshall Dennehey on

Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025 - This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot. A Claim...more

Morris James LLP

After the Route 1 Rollovers: Understanding Injury and Death Benefits

Morris James LLP on

On February 25, 2025, two separate rollover accidents occurred on Delaware's Route 1, resulting in one fatality and one individual sustaining serious injuries. These incidents not only highlight the inherent dangers present...more

Marshall Dennehey

The Employers Were Not Required to Reimburse a DHS Lien for the Claimant’s Medical Treatment Until the Medical Providers Submitted...

Marshall Dennehey on

Dura-Bond Coating, Inc. v. Ryan (WCAB); No. 1137 C.D. 2023, Filed November 18, 2024; Judge Covey - The claimant suffered amputations of both lower extremities. A workers’ compensation judge granted a Claim Petition and...more

Seyfarth Shaw LLP

Another Year in The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2024

Seyfarth Shaw LLP on

OSHA enforces almost 1,000 standards and tens of thousands of individual regulations related to General Industry, Construction, Maritime, and other industries. Once again, OSHA released its preliminary data for the top ten...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

Marshall Dennehey on

1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

Marshall Dennehey on

1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Marshall Dennehey

Top 10 Developments in New Jersey Workers’ Compensation in 2024

Marshall Dennehey on

1.    The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more

Rivkin Radler LLP

December 2024 New York Insurance Coverage Law Update

Rivkin Radler LLP on

The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance...more

Maison Law

Determining Liability in a California Slip and Fall Claim

Maison Law on

Slips, trips, and falls can cause serious and fatal injuries. According to Injury Facts, these incidents took 46,653 lives in workplaces and homes in 2022. The National Floor Safety Institute reports that eight million people...more

Rivkin Radler LLP

October 2024 New York Insurance Coverage Law Update

Rivkin Radler LLP on

The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim Against a Corporation in Florida: Legal Considerations

If you’ve lost a loved one too soon and a corporation is to blame, it can be hard to accept what has happened. Far too often, corporations put their profits before people’s safety—whether this means selling dangerous...more

Marshall Dennehey

Appellate Division Affirmed Dismissal of Worker’s Compensation Claim for Lack of Compensability

Marshall Dennehey on

Avery v. Next Mile, LLC/DSP, No. A-2506-22 (May 23, 2024) - In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment. The petitioner worked as a delivery...more

Marshall Dennehey

Commonwealth Court Holds That Claimant Who Was Sole Proprietor is Required to Provide Notice of Work-related Injury to Workers’...

Marshall Dennehey on

Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer - In this case, the claimant was the owner of the employer and the sole employee. He...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

Segal McCambridge on

Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Stark & Stark

Navigating Workers' Compensation for Repetitive Stress Injuries

Stark & Stark on

The term ‘repetitive stress injury’ covers a wide variety of conditions. A Repetitive stress or strain injury happens when too much stress is placed on a given body part and can result in pain, swelling, muscle strains, and...more

Chambliss, Bahner & Stophel, P.C.

Is a Personal Injury Settlement Taxed?

Approximately 6 percent of adult Americans experience an activity-limiting injury every three months, according to the Centers for Disease Control and Prevention (CDC). Injuries can happen because of carelessness, such as...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

Maison Law on

What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Marshall Dennehey

Delaware Superior Court Affirms an Industrial Accident Board Decision That a Claimant Injured While Performing an Employer-Related...

Marshall Dennehey on

Testa-Carr v. Sallie Mae, N23A-04-004 CEB (Del. Super. Feb. 8, 2024) - Ms. Testa-Carr worked as a customer service representative for Sallie Mae. On March 21, 2022, she was fell down some stairs and was injured while...more

Marshall Dennehey

Appellate Divisions Affirms a Workers’ Compensation Judge’s Decision That the Claimant’s Testimony Was Not Credible and His...

Marshall Dennehey on

Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits. In January 2017, the...more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

Cranfill Sumner LLP on

Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina.  She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

McAfee & Taft on

A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

107 Results
 / 
View per page
Page: of 5

"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