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Workplace Injury Workers Compensation Act Employer Liability Issues

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

Chartwell Law

When is an Employee “On the Clock” But Not in the Course and Scope of Employment?

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In Keim v. Above All Termite & Pest Control, the New Jersey Supreme Court specifically set out rules defining when employment starts and stops under N.J.S.A. 34:15-36. They held that this section of the New Jersey Workers’...more

Chartwell Law

Pennsylvania Court Sets Aside “Red Book” Standard for Workers’ Compensation Prescriptions

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On January 2, 2024, the Pennsylvania Commonwealth Court ruled to set aside the long-utilized “Red Book” standard for repricing prescription medications in Pennsylvania workers’ compensation claims. The court directed the...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

Chartwell Law

Pennsylvania Legislature Considers Changes to Workers’ Compensation Disfigurement Benefits

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The Pennsylvania legislature is considering House Bill 930, a proposed amendment to the Pennsylvania Workers’ Compensation Act (the “Act”). If passed, the proposed amendment would result in two substantial changes to...more

Seyfarth Shaw LLP

Pennsylvania Court Holds that It Is “High Time” Employers Reimburse Employees Who Use Medical Marijuana to Treat Work Related...

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On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision regarding employee use of medical marijuana in the workers’ compensation context. The decision in Fegley v. Firestone Tire & Rubber (Workers’ Comp....more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

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For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

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A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Weber Gallagher Simpson Stapleton Fires &...

NJ Workers’ Compensation: Senate Bill 3375

The recent introduction of Senate Bill 3375 by Senator Troy Singleton, District 7 (Burlington County) has alarmed many in the workers compensation insurance industry as a death knell to the respondent’s right to direct...more

Chartwell Law

Calculating the 120-Day Work Injury Notice

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Question: When does 121 = 120? Answer: When the 120th day to give notice of a work injury under Section 311 of the PA WC Act falls on a Saturday, Sunday, or federal or state holiday....more

Woods Rogers

Virginia’s Workers’ Compensation And Undocumented Workers: Are Employers Liable For Paying Benefits?

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Undocumented workers in Virginia are entitled to workers’ compensation benefits but not to the same extent as workers who are legally eligible to work in the United States. This concept is commonly misunderstood by workers,...more

Chartwell Law

Exceptions To The Coming and Going Rule To Be Aware of During the Holiday Season and Year Round

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As we head into the busy holiday season, employers may be faced with having to request uncommon tasks of their employees in order to meet high demands associated with this time of year.  If these tasks occur while traveling...more

Robinson+Cole Data Privacy + Security Insider

Biometric Suit Not Preempted by Workers’ Compensation Statute

An Illinois employee of Power Solutions International Inc. (Power Solutions) filed suit against his employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA) when Power Solutions collected his...more

Chartwell Law

Holiday Events and Tennessee Workers' Compensation

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It’s that time again when many employers are sponsoring holiday festivities for employees.  But if an employee is injured during a holiday event, is he or she covered under Tennessee’s workers’ compensation law?...more

Fisher Phillips

Could A Mistake by Your Company Nurse Lead to Civil Liability in North Carolina?

Fisher Phillips on

Employers have long operated under the premise that the North Carolina Workers’ Compensation Act provides the exclusive remedy for workers injured on the job. Indeed, section 97.-10.1 of the North Carolina Workers’...more

Chartwell Law

New York's "Expanded Provider Law" Will Allow for an Additional Class of Providers to Render Treatment to Injured Workers

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New York’s Workers’ Compensation Law, as it stands, permits an injured worker to treat with any physician authorized by the Chair of the Workers’ Compensation Board to render medical care as provided under the Medical...more

Pullman & Comley - Labor, Employment and...

Reminder: There Must Be a Timely Response to Workers’ Compensation Claims

The workers’ compensation process is usually routine. An employee injured at the workplace receives treatment, which could range from first aid to transport to an emergency room, the employer completes a first report of...more

McAfee & Taft

Not So Fast: Oklahoma legislature has final word on where to file workers’ comp-based retaliation claims

McAfee & Taft on

Just days after the Oklahoma Supreme Court’s long-awaited decision in Southon v. Oklahoma Tire Recyclers, LLC, which upheld the exclusive authority of the Oklahoma Workers’ Compensation Commission to hear and decide workers’...more

McNees Wallace & Nurick LLC

Avoid Jumping to Conclusions About Compensability of Work Injuries Caused by an Employee’s Intentional, High-Risk Conduct

What should a Pennsylvania employer do when an employee seeks workers’ compensation benefits after injuring himself by engaging in risky behavior at work? ...more

Stoel Rives - World of Employment

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

McNees Wallace & Nurick LLC

Workers' Compensation Update Impairment Rating Evaluations

Last Friday, September 18, the Commonwealth Court issued an interesting decision invalidating Section 306 (a.2) of the PA Workers' Compensation Act dealing with Impairment Rating Evaluations (IREs), as an unconstitutional...more

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