California Employers Finally Have the Right to Control Medical Treatment in Workers' Compensation Cases
Daniel A. Robinson and Ronald A. Peters of Littler Mendelson, P.C.
On January 1, 2005, the most employer friendly workers' compensation reform of recent times will take effect, allowing California employers to designate a panel of doctors to treat industrial injuries.
Review of the 1995-96 NJ Supreme Court Workers' Compensation Decisions
Law Office of Jon L. Gelman
The 1996 court term set forth standards for occupational disease claims, defined defenses available, provided inter.
Outwitting Your Opponent: Buying The Comp Lien In Third Party Litigation
Frederick C. Fletcher of Swartz Campbell LLC
In successfully defending third party litigation , creativity is the key to quality litigation defense tactics. By buying the workers? compensation lien, for example, the third party carrier has control of a financial piece of plaintiff?s case. Any settlement is reduced at least by the amount of the cost of buying the lien, a plaintiff?s boardable damages are probably reduced by the lien assignment and, if the case goes to judgment, some or all of the lien is credited or returned to the third party carrier.
Even Birthday Spanking Injuries Can Be Covered by the Minnesota Workers' Compensation Act
Judi Williams-Killackey of Quarles & Brady LLP
Many states have developed workers compensation systems entitling employees to receive compensation for workplace injuries, regardless of fault, which also allow employers to know what liability they face for such injuries. In keeping with that purpose, Minnesota has been willing to find most injuries that occur in the workplace to be covered under its Workers Compensation Act ("WCA"). Indeed, based upon these principles, the Minnesota Supreme Court recently barred an employee claim for injuries resulting from a "birthday spanking" against an employer and, in the process, reaffirmed Minnesota's broad definition of injuries covered by the WCA.
Workers' Compensation Law Developments in NJ Supreme Court 1994-95 Term
Law Office of Jon L. Gelman
In several landmark cases the New Jersey Supreme Court redefined the parameters of the Workers' Compensation Act as.
Employee Can Sue for Workplace Harassment Despite Signing a Workers' Comp Release
Douglas B. M. Ehlke of Ehlke Law Offices
When employers settle workers' comp claims they frequently attempt to have the employees sign a comprehensive release form that releases "all claims and causes of action." But can such a release for a single workers' comp injury claim also release any and all claims that fall outside the workers' compensation system?
Failure to Follow Lockout Procedures Triggers Ohio Workplace Civil Liability
Douglas B. M. Ehlke of Ehlke Law Offices
To prove an intentional workplace tort for civil employer liability in Ohio, a worker must show that the employer 1) had knowledge of a workplace hazardous task or process, 2) had knowledge that if a worker carried out the hazardous task, that injury to the worker would be a "substantial certainty" and 3) despite having this knowledge, the employer still "required" the worker to perform the dangerous task.
Legislation Aims to Improve New Jersey's Benefit Structure
Jon L. Gelman of Law Office of Jon L. Gelman
Over the course of the last few years the United States economy has undergone radical change that will require New Jersey industry to reevaluate the manner in which it conducts business.
Workers' Compensation Has Jurisdiction Of Claim Against Co-Employee
Law Office of Jon L. Gelman
Co-employee immunity was permitted to be invoked in a claim where the fellow employee was not on the actual job site during the time period that the co-worker was injured.
Workers' Compensation and Product Liability
Gary D. Ginsberg of Ginsberg & O'Connor, P.C.
Employers with more than several employees are obligated to maintain workers' compensation insurance for their .
New Jersey Rules Per QUOD Claims Are Not Lienable
Stephanie W. Morrison of Capehart & Scatchard, P.A.
In an important decision affecting the rights of employers in New Jersey, the Appellate Division ruled that a per .
The Constitutionality of Ohio's Intentional Tort Statute For Employers
Friedman, Domiano & Smith Co., L.P.A.
In many instances, workers' compensation is the sole remedy for a person who is injured on the job. However, in instances where an employer has intentionally committed wrongdoing that was the cause of an employees? injury, the employee can sue their employer for damages.
Recent Labor And Employment Cases in Texas
Hays, McConn, Rice & Pickering, P.C.
A. WORKERS' COMPENSATION: 1.BAD FAITH: a.United States Fire Ins. Co. v. Williams, 955 S.W.2d 267 (.
Exclusive Remedy and Third Party Cases
Lerner, Moore, Silva, Cunningham & Rubel
All employers in the State of California are required to have Workers' Compensation insurance.
N.C. Supreme Court to Review Decision On Alteration of Agreements
Teague, Campbell, Dennis & Gorham, L.L.P.
Late last year, the North Carolina Court of Appeals heard a case wherein two workers' compensation claimants brough.
Terminated California Governor Designates Employees As Private Attorneys General
Stuart W. Miller and Emilio G. Gonzalez of Davis Wright Tremaine LLP
Outgoing Governor Gray Davis has signed the "Labor Code Private Attorneys General Act of 2004" (Senate Bill 796). The Act authorizes aggrieved employees to file lawsuits against employers who violate any provision of the voluminous California Labor Code, excluding matters governed by the workers' compensation system, and to recover attorneys' fees and receive a quarter of the civil penalties.
H-1b and Related Immigration Legislation
Lorna Rogers Burgess of Parsons Behle & Latimer
Legislation enacted in October 2000 expanded the annual H-1B quota to 195,000, doubled the H-1B user fee from $500 to $1000, and made other changes significant to employment-based immigration.
Without A Subrogation Statute, Previous Subrogation Settlements Come Under Attack
Charles D. Smith of Roetzel & Andress
In 2001, the Ohio Supreme Court declared unconstitutional and invalid the workers' compensation subrogation statute found under 4123.931 of the Ohio Revised Code. As a result of that decision, questions were raised concerning prior settlements reached with the Bureau of Workers' Compensation under the old statute. In particular, under the old statute personal injury plaintiffs saw part of their monetary settlements paid back to the Bureau of Workers' Compensation to cover both present and future medical costs and disability benefits.
NJ Adopts New Rules Aimed at Reform
Law Office of Jon L. Gelman
The State of New Jersey recently adopted new Administrative Rules which appear to be the most sweeping reform of the NJ Workers'' Compensation system in the last 17 tears.
Work Place Accidents
Friedman, Levy & Goldfarb, P.C.
When a person is injured at work or in the course of employment, New York State law allows them.
Employer Liable for Failure to Provide Accurate Job Reference
Spencer E. Austin of Parsons Behle & Latimer
The New Mexico Court of Appeals in Davis v. Board of Commissioners found that while an employer may remain silent when asked for information about a former employee, once an employer decides to offer information, it owes a duty of care in regard to what it says and what it omits. The court held that this duty may run to a third party when a substantial risk of physical harm to third persons by the former employee is foreseeable.
Florida Workers' Compensation Overview
W. Marc Hardesty of Hardesty, Tyde, Green & Ashton, P.A.
The Florida workers compensation system is a "no fault" system which means that a person injured in the course and .
What Employees Need to Know About Workers' Compensation in Florida
Hensley Chalant P.A.
TABLE OF CONTENTS Introduction Basic Facts About Workers' Compensation How to Get Medical Care and Benefits .
Virginia Worker's Compensation Legislative Update
Woods Rogers PLC
Burial Expenses. Increases the maximum amount of burial expenses an employer may be required to pay for a deceased.
The Outer Limits of Workers' Compensation
Douglas B. M. Ehlke of Ehlke Law Offices
Three recent appellate court cases test the reach of workers' com-pensation trade-off protections for workers and immunity for employers.
Florida Workers' Compensation Subrogation
Gonzalez & Garcia
Introduction Whether you are an employee or an employer, one of the most confusing aspects of the workers' compen.
NJ Supreme Court Rules Dependents are Entitled to Benefits
Law Office of Jon L. Gelman
The NJ Supreme Court confirmed that dependents have a separate claim and may file for benefits if the injured worke.
Illinois Workers' Compensation: Relief from Unsafe Working Conditions
Harvey L. Walner & Associates, Ltd.
As an employee, you may have concerns regarding the unsafe working .
The Statutory Employer Defense Is Alive And Well In Pennsylvania
White and Williams LLP
The most potent defense law available to construction contractors sued in Pennsylvania by workers injured on their .
Chronic Beryllium Disease Suffers Get Recognition
Jon L. Gelman of Law Office of Jon L. Gelman
"The Cold War Compensation Act" is the first federal workers' compensation program to be implemente.
Recent Texas Insurance Cases
Rick Fancher of Barker, Leon & Fancher, LLP
The Texas Supreme Court was on vacation for most of August; however, the Court issued five opinions on August 24, .
Workers' Compensation Law Developments in NJ Supreme Court 1996-97 Term
Law Office of Jon L. Gelman
This was the year that the Court mandated that workers' compensation actions must comply with specific evidentiary .
Dependents of Latex Allergic Hospital Worker Awarded Workers' Compensation Benefits
Jon L. Gelman of Law Office of Jon L. Gelman
Janeth McFarlane worked at the Baptist Hospital in Florida for approximately two years prior to November 1, 1996. She had used latex powdered gloves.
NJ Supreme Court: Employees Must Notify Employer within 90 Days of Diagnosis
Law Office of Jon L. Gelman
The NJ Supreme Court has ruled that employees have 90 days to notify their employers after the diagnosis of an occupational disease.
Workplace Injury Intentional Torts
Douglas B. M. Ehlke of Ehlke Law Offices
Like mushrooms, intentional tort lawsuits over workplace injuries survive legislation to eradicate them and crop up in unexpected states with historically strong workers compensation employer immunity.
Witness the recent case of Theresa Birklid v. The Boeing Company in Washington state. Never in 70 years had that state's Supreme Court allowed a workplace injury to trigger a successful tort case against the employer; only intended physical assaults by co-workers led to civil liability beyond the exclusive remedy of workers' compensation benefits. Employees, even when injured by employers' gross negligence of removing guards (without intending to assault or hurt a specific employee), were shut out from seeking civil injury tort case compensation against their employers.
Workers' Compensation Appellate Court Update
Gallivan, White & Boyd, P.A.
The following is a summary of a recent South Carolina Court of Appeals decision: Jennifer Tatum v. Medical Univ.
Personal Injury and Worker's Compensation
Kelly, Kelly & Allman
I was injured in an accident. The other party's insurance company adjuster has made an offer to .
Intoxicated Worker Awarded Workers' Compensation Benefits
Law Office of Jon L. Gelman
An employee fell from a narrow, eighteen foot high scaffold in the course of assembling a sheet metal roof. Even th.
Worker's Compensation and Local Government Law
Charles V. Mehler of Woods Rogers PLC
The most significant piece of legislation passed this session affecting local governmen.
Re-Opening a Worker's Compensation Claim
Eley Law Firm
Even though a worker's compensation claim may be closed, there can be circumstances that require re-opening the claim.
The Many Faces of Workers' Compensation Subrogation
Gary L. Wickert of Matthiesen, Wickert & Lehrer, S.C.
More than any other area of personal injury subrogation, workers' compensation subrogation is often fraught with traps and pitfalls for the unwary subrogation professional. This is primarily because most subrogation professionals assume that workers' compensation subrogation is fairly similar from one state to the next. Every state, except one , allows for workers' compensation subrogation. That is where the similarities end. In truth, there are very few areas in which the laws of each individual state vary more and are applied as differently, than in the area of workers? compensation subrogation.
New Legislation Restricts Layoffs and Work Reductions by Employers "Dependent" on H1-B Visas
Cooley Godward Kronish LLP
This alert discusses the impact of The American Competitiveness and Work Force Improvement Act. The ACWIA creates new prohibitions and requirements for employers of H-1B workers in order to protect the interests of United States employees, while temporarily increasing the annual limits on new H-1B approvals.
Texas Reforms Its Workers' Compensation System
Jim Cuaderes and Frederick J. Barrow of Littler Mendelson, P.C.
On June 1, 2005, Governor Rick Perry signed House Bill 7 (HB7), which provides for sweeping changes to the workers? compensation system in the state of Texas. Prompted by an outdated, expensive system that did little to encourage injured employees to return to work, HB7 contains a number of major changes that will affect the way employee injuries are handled in Texas.
If I Report My Injury Late to My Employer, Do I Lose My Rights to Workers' Compensation?
Eley Law Firm
To receive workers' compensation benefits, injured workers are required to report the injury to their employers.
Workers' Compensation Law: Review of the New Jersey Supreme Court 1997-1998 Term
Law Office of Jon L. Gelman
The consensus that usually prevails when the New Jersey Supreme Court decides workers' compensation claims was shattered this term when the Court dealt with an issue that could affect the ongoing school funding controversy.
Milwaukee Radiologist Awarded Benefits for Latex Allergies
Law Office of Jon L. Gelman
On Feb. 25 a jury in Milwaukee awarded a radiologist $1 million for doctors' bills and damages in her lawsuit agai.
In Utero Workplace Injuries: Children Harmed By Solvents During Pregnancy
Alexander Hawes LLP
This article examines Mikala Snyder v. Michael's Stores, Inc., where an employer was held responsible for an in utero workplace injury.
Texas Labor And Employment Case Law
Hays, McConn, Rice & Pickering, P.C.
A. WORKERS'COMPENSATION: 1.SUBROGATION: b.Texas Workers' Compensation Ins. Fund v. Serrano, 9.
Employer Bonus Plans Following the Ralphs Grocery Co. v. Superior Court Decision
Kevin Lilly of Littler Mendelson, P.C.
In Ralphs Grocery Co. v. Superior Court, decided on October 23, 2003, the California Court of Appeal addressed whether the prohibition against deducting cash and inventory shortages from wages prohibits "a large corporate retailer from implementing an incentive compensation plan for managerial, store-level employees in which the amount of the incentive bonus is based on the achievement of store sales and profitability goals." This decision is an important interpretation of California Labor Code sections 221, and 400 to 410, and is the next in the line of cases beginning with the California Supreme Court's decision in Kerr's Catering Service v. Department of Industrial Relations.
Jury Awards Punitive Damages Against Employer for Fraud
Law Office of Jon L. Gelman
In a declaratory judgment action filed in Passaic County, New Jersey, a jury determined that the owner of two construction companies had committed a fraud against a workers' compensation carrier by attempting to attribute employment of an injured worker to one of his companies rather than the other.
Executive Compensation--Getting and Keeping the Right People No Matter the Size of Your Business
Anthony J. Kolenic of Warner Norcross & Judd LLP
This articles discusses the three components of a successful executive compensation system: (1) Cash compensation, fringe benefits and perks; (2) Qualified deferred compensation such as 401(k) and profit sharing plans; and (3) Nonqualified deferred compensation arrangements.
An Employee Cannot Sue An Employer For Providing A Prescription Drug That Caused An Adverse Reaction To The Employee
Barker, Leon & Fancher, LLP
The Court in Payne v. Galen Hospital Corporation d/b/a Clear Lake Medical Center, 43 S.Ct.J. 1167, held that an emp.