News & Analysis as of

Workplace Injury Workers' Compensation Claim Employment Litigation

Marshall Dennehey

Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

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Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he...more

Marshall Dennehey

Idiopathic Fall Standard, Without the Fall

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There was a fall in this case, but the claimant’s injury—disk extrusion at L3-4—occurred before the fall, when he stood up from a seated position. This case highlights that when an injury is personal to a claimant and not...more

Stark & Stark

Police Officer on Traffic Duty Assignment is Joint Employee of Their Police Department and the Contractor

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When a police officer was seriously injured while working an extra traffic duty assignment, the question wasn’t whether he should get help – it was who should help pay for it....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

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

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

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

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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

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

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

Frantz Ward LLP

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

Frantz Ward LLP on

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

Goldberg Segalla

Fraud Doesn't Pay In New York – February 2023 Update

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Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways: WCL 114-a provides the board with the authority to disqualify a claimant from receipt of lost time...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Pennsylvania Workers’ Compensation: Year in Review & Emerging Trends in Workers' Compensation - November 15th, 1:00 pm -...

The Pennsylvania edition of this program offers a year in review of the biggest cases and legislation from 2022. Additionally, attorneys Chris Davis and Michael Hyland will look to the future for 2023 to discuss trends,...more

Bradley Arant Boult Cummings LLP

What the Court’s Treatment of Roe and a Workers’ Compensation Case Reveal about President Biden’s Approach to Cannabis

The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care...more

Snell & Wilmer

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

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In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company,...more

Verrill

2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022

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Join Verrill attorneys Elizabeth Connellan Smith, Douglas P. Currier, Emily Coombs Waddell, Richard G. Moon, and Robert C. Brooks as they sum up the year's trends in labor & employment and suggest tips for how to be prepared...more

Tucker Arensberg, P.C.

PA Supreme Court Extends Employer Liability For Injury Sustained After Work Happy Hour

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The PA Supreme Court has extended the Workers’ Comp application of the “traveling employee” doctrine to include an employee’s attendance at happy hours, holiday parties and other social gatherings that are sponsored by the...more

Genova Burns LLC

A Forklift Operator Walks into a Bar

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On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more

Laughlin, Falbo, Levy & Moresi LLP

California Appellate Decision Limits Hikida; Allows Apportionment For Impairment Caused By Medical Treatment

In a recent case which is helpful to the defense bar, County of Santa Clara v. WCAB (Justice), the 6th District Court of Appeal in California limited the scope of the findings in the 2nd District Court’s previous holding in...more

Chartwell Law

VIDEO: Work Related Injuries... From Home

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Chartwell Law workers’ compensation attorneys Brittany Atkinson, Lee Fiederer and Jason Hanford discuss the growing reality of more and more employees working from home and what might happen when those workers are injured in...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

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

Littler

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

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On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

Tucker Arensberg, P.C.

Commonwealth Court: Workers’ Compensation Settlement Not Binding on Medical Care Provider Who Was Not Party to the Agreement

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The Pennsylvania Commonwealth Court recently ruled that an employer cannot use a Compromise and Release Agreement (C&R) settling a Workers’ Compensation claim to avoid making payments to a medical care provider who rendered...more

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