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Workplace Injury Employee Benefits

Marshall Dennehey

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

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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

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

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The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...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

Marshall Dennehey

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

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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

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

Petition to Terminate Total Disability Benefits for Claimant Who Had Light-duty Restrictions That Could Not Be Accommodated...

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Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his...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...

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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

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania House Committee Advances HB 183 to Expand Workers’ Compensation Disfigurement Benefits

Last week, the Commonwealth of Pennsylvania House Labor and Industry Committee passed HB 183. This Bill is designed to expand significantly what has been long-established access to workers compensation disfigurement benefits...more

Marshall Dennehey

Under Section 410 of the Act, the Claimant’s Widow Was Not Barred From Receiving a Workers’ Compensation Judge’s Award of Specific...

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Elmer Riehl v. Beiler Brothers, LLC (WCAB); No. 1563 C.D. 2023; Filed November 18, 2024; Judge Fizzano Cannon - On October 11, 2011, the claimant sustained a work injury in the nature of incomplete tetraplegia (paralysis of...more

Maison Law

The Worker's Compensation Process in California

Maison Law on

According to the California Department of Industrial Relations, California had 680,152 workers' compensation claims in 2023, based upon first reports of injuries. This translates to 3.6 worker injuries per every 100 employees...more

Ius Laboris

Workplace accidents: when are employers legally required to report?

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When does the obligation to report a workplace accident arise? Should an accident at work report be made when the circumstances around a reported accident seem doubtful or unlikely? Or when the employee who was involved in an...more

Bricker Graydon LLP

Navigating Ohio Workers’ Comp: Strategies for Lower Premiums and Improved EMR Efficiency

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In Ohio, all employers with one or more employees must, by law, maintain workers’ compensation insurance coverage for its employees. The Ohio’s workers’ compensation system is both nebulous and unique, which can make...more

Marshall Dennehey

Temporary Total Disability Benefits Were Properly Reinstated as of the Date Claimant Filed a Protz Constitutional Challenge, and...

Marshall Dennehey on

Howard Dunetz v. Charles H. Sacks, D.M.D., P.C. (WCAB); No. 302 C.D. 2022; filed Oct. 26, 2023; Judge Cohn Jubelirer - The claimant sustained a work injury in May 2007. Subsequently, the status of his benefits was changed...more

Weber Gallagher Simpson Stapleton Fires &...

Is an Employee Entitled to Temporary Total Disability Years After They Have Left Your Employ and Their Disability Recurs?

The Superior Court addressed a rather convoluted fact pattern in determining whether an injured worker is entitled to a resumption of their temporary total disability benefits even though they have left the time of injury...more

Weber Gallagher Simpson Stapleton Fires &...

Maximum Medical Improvement: Now You See It, Now You Don't

As you may know, under the New Jersey Workers’ Compensation Statute (Section 15) and case law, the respondent/employer is responsible for providing medical treatment to cure and relieve the effects of a workers’ compensation...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

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This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employee Requests to Work Remotely While Abroad: Considerations for Employers

In the wake of the pandemic and global adoption of teleworking, an increasing number of employees are looking to work remotely abroad. Unfortunately, the law is not as flexible as technology....more

Woodruff Sawyer

Transitional Return-To-Work in Workers’ Compensation Claims: New Strategies

Woodruff Sawyer on

Return-to-work (RTW) policies and practices have been around since the beginning of workers’ compensation (WC), dating back to the early 1900s, and have evolved—especially in recent times. RTW programs are designed to help...more

Fisher Phillips

The Top 18 Workplace Law Stories from March 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Haight Brown & Bonesteel LLP

SB 1159 Extends COVID-19 Presumption of Compensability

On Thursday, September 17, 2020, Governor Newsom signed Senate Bill 1159. The bill replaces Newsom’s Executive Order N-62-20 and extends the presumption of industrial injury to certain employees who fulfill the criteria...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

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This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Fisher Phillips

Uber CEO Calls For Third Worker Classification

Fisher Phillips on

In an op-ed appearing in yesterday’s N.Y. Times, Uber CEO Dara Khosrowshahi echoes what we have been saying on this blog for quite some time – that it is time for federal and state lawmakers to tear down the existing...more

Butler Snow LLP

Workers' Compensation and COVID-19

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The swift economic upheaval and health impact of the COVID-19 outbreak in the United States and around the world is unprecedented in the last century. President Trump proclaimed the COVID-19 outbreak in the United States to...more

Verrill

Workers' Comp 2020: Tips and Trends to Manage Workplace Safety

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On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that...more

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