News & Analysis as of

Workplace Injury Employees

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

Seyfarth Shaw LLP

Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace...

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On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation....more

Seyfarth Shaw LLP

Curiosity may kill the cat, but is indispensable for workplace health and safety

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“Curiosity killed the cat” is a proverb “used to warn of the dangers of unnecessary investigation or experimentation” (Wikipedia) or is an idiom “said to warn someone not to ask too many questions about something” (Cambridge...more

Seyfarth Shaw LLP

Hot Topic: Nevada Joins Ranks of States Enforcing Onerous New Heat Illness Rules

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Nevada’s sunny and hot summers pose hazards of heat-related illnesses to outdoor workers and non-climate-controlled indoor workers. April 29, 2025 marks a significant milestone for workplace safety in Nevada as the Nevada...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

Marshall Dennehey

Where a Claimant Seeks to Add a Distinct, Consequential Injury to Notice of Compensation Payable and to Reinstate Indemnity...

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Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...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

Seyfarth Shaw LLP

It’s Time For OSHA Electronic Reporting! Use OSHA’s Injury Tracking Application (ITA) to Submit Form 300A, Form 300, and Form 301...

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Once again, employers are required to submit OSHA Forms 300, 301 and 300A online via OSHA’s Injury Tracking Application (ITA)....more

Seyfarth Shaw LLP

Warehouse Worker Injury Reduction Program Signed Into Law

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On December 21, 2024, New York Governor Kathy Hochul signed the State’s new Worker Injury Reduction Program into law, which requires covered employers to establish a program to identify and minimize the risks of...more

Seyfarth Shaw LLP

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

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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

Littler

Ontario, Canada Government Introduces Bill 229 - Working for Workers Six Act, 2024

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On November 27, 2024, Ontario introduced Bill 229 - Working for Workers Six Act, 2024 (Bill 229) for First Reading.  If enacted, the statutes amended would include the Employment Standards Act, 2000 (ESA), the Occupational...more

Frantz Ward LLP

Ohio Supreme Court Hits the Gas on “Direct Causation” Analysis in Temporary Total Disability in AutoZone

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If an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the...more

Spilman Thomas & Battle, PLLC

A Case Law Update on West Virginia Supreme Court of Appeals Rulings Impacting Workers’ Compensation Claims

Over the last approximately 12 months, the West Virginia Supreme Court of Appeals has issued numerous decisions impacting workers’ compensation claims, addressing (1) apportionment calculations of preexisting awards and...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

Seyfarth Shaw LLP

OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer

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Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer....more

Seyfarth Shaw LLP

Responding to an Accident: OSHA and Legal Liabilities

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A terrible accident has occurred at your worksite.  An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

FordHarrison

EntertainHR: Twisters Reminds Employers to Be Weather (and Employment Law) Aware

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Twisters was a great summer movie. It had action, the hint of romance, subtle nods to original, questionable science and Glen Powell in a cowboy hat. What more can you ask for?...more

Littler

Revised Poster Requirement in Massachusetts Starting September 16, 2024

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The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024....more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

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Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Ius Laboris

Rules for Workers on Musculoskeletal Problems

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Research has indicated that 60% of employees have work that frequently or always involves repetitive movements, and 24% of employees have work that often or always involves painful or tiring postures (including sitting still...more

Seyfarth Shaw LLP

New Bill Seeks to Provide New York State Warehouse Workers with Additional Injury Protections

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Seyfarth Synopsis: Expanding a law enacted in 2022, New York’s legislature passed another bill that seeks to limit warehouse-related injuries by requiring employers to establish and implement an injury reduction program,...more

Littler

Effective January 1, 2024, Employers in British Columbia, Canada Have Duties to Cooperate and to Maintain Employment Regarding...

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On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill...more

Stikeman Elliott LLP

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

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On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more

FordHarrison

OSHA's New Reporting Requirement Goes Into Effect in 2024

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Executive Summary: Beginning in January 2024, employers in certain high-hazard industries will be required to submit detailed information regarding recordable workplace injuries and illnesses using OSHA’s new filing system...more

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