Workers' Compensation Law: Review of the NJ Supreme Court Term 1998-1999
Jon L. Gelman of Law Office of Jon L. Gelman
The New Jersey Supreme Court, struggling to maintain the social remedial aspects of the Workers' Compensation Act.
Latex Victims Are Required to File Claims in a Timely Manner
Law Office of Jon L. Gelman
An employee of HCA Health Services for over 20 years who was exposed to latex was recently awarded workers' compensation benefits.
Workplace Injuries
Hall Stewart PA
New Hampshire has enacted laws which require virtually every employer to provide workers' compensation benefits to .
Workers' Compensation Rates Increase
Law Office of Jon L. Gelman
New Jersey Workers' Compensation will increase to record benefit levels in 1999.
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.
EEOC Policy Guidance On The Application Of Civil Rights Laws To Contingent Workers
Bodman LLP
The EEOC recently issued guidance addressing the application of federal employment discrimination laws to "continge.
Hurt On the Job? The Ten Commandments of Workers' Compensation
O'Brien, Shafner, Stuart, Kelly & Morris, P.C.
If you have a work injury, your employer is required to pay for your lost time and medical expenses. So reme.
Burden is Still on Plaintiff to Prove Disability
Teague, Campbell, Dennis & Gorham, L.L.P.
Claimant suffered a hip injury in January of 1995 and she was ultimately released with restrictions which employer .
Russian Roulette Not Compensable
Law Office of Jon L. Gelman
An armored truck employee died on the job while playing Russian Roulette. The security guard was required to carry .
Lyme Disease-Groundskeeper Awarded Benefits
Law Office of Jon L. Gelman
A groundskeeper working at a local country club was found to have contracted Lyme disease.
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 .
Federal Issues Target State Workers' Compensation Programs
Jon L. Gelman of Law Office of Jon L. Gelman
Reprinted with Permission From The National Workplace Injury Litigator The battlefield for the assault on state w.
Workers' Compensation: Questions and Answers
Moga & Hurley
1. How to select a lawyer. 2. What should I do if injured on the job? 3. Do I have to receive medical treatment f.
Dioxin Proven to Cause Cancer and Heart Disease
Richard Alexander of Alexander Hawes LLP
This article examines a 1995 report by Dr. Hans Flesch-Janys, touting a link between dioxin, cancer and heart disease.
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.
Pre-Tax Parking, Van Pooling, and Mass Transit Pass Programs
Faegre & Benson LLP
The IRS has issued proposed regulations that provide guidance to employers interested in offering qualified transportation benefits.
Litigating a Workers' Compensation Claim--The First Step a Claimant's Perspective
Gary L. Bement of Timothy C. Stubblefield
THE INITIAL CLIENT INTERVIEW The initial interview is the most important part of beginning a workers' compensati.
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.
Virginia Legislation May Affect Your Business
Woods Rogers PLC
The following is a review of some major Labor and Employment Law developments from the recently concluded General A.
Virginia General Assembly Amends Workers' Compensation Act to Provide Coverage For Job-Related Carpal Tunnel Syndrome and Hearing Loss
Scott A. Johnson of Woods Rogers PLC
Governor Allen recently signed into law legislation passed by the General Assembly during the 1997 Session that allows carpal tunnel syndrome and hearing loss arising out of and in the course of employment to be treated as occupational diseases covered by the Virginia Workers' Compensation Act
Stipulations May be Binding on Parties
Teague, Campbell, Dennis & Gorham, L.L.P.
After suffering substantial injuries in a motor vehicle accident on April 7, 1995, the claimant filed a Form 18 not.
Industrial Disease: The Quest For Recognition--The Need For Adequate Benefits
Law Office of Jon L. Gelman
The concept of a compensable industrial disease has developed only recently and its acceptance has lagged far behin.
Injured at Work?
Ira J. Metrick of The Galvin Law Firm
When an employee is injured by accident, or contracts a disease, arising out of and in the course of his/her .
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.
Illinois Workers' Compensation: Relief from Unsafe Working Conditions
Harvey L. Walner & Associates, Ltd.
As an employee, you may have concerns regarding the unsafe working .
Worker's Compensation: Recent Decisions Hurt Employer's Ability to Modify or Suspend Awards
John J. Muldowney of White and Williams LLP
In 1996, Pennsylvania enacted reforms to ease the burden on employers seeking suspension or modification of an injured employee's benefits under the Workers' Compensation Act. Unfortunately, Pennsylvania Commonwealth Court decisions have undermined the reforms.
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.
OSHA Issues Working Draft of Proposed Ergonomics Program Standard
Rudman & Winchell
On March 4, 1999, OSHA issued what it calls a "Working Draft of a Proposed Ergonomics Program Standard".
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 .
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.
Corporate Officer Held Personally Liable
Paul, Hastings, Janofsky & Walker LLP
Butler v. Hartford Technical Institute, Inc., 243 Conn. 454 (1997) Butler sued the company president, as well as.
Claimant's Fall While Helping Relative Held Compensable
Teague, Campbell, Dennis & Gorham, L.L.P.
Claimant worked with several other workers on a production team and her pay was based on productivity. On the day .
Atlanta Employment Law Seminar. Seminar Summaries of Speakers Linda Sherman and Jonathan Rosenfeld of Hale and Dorr LLP.
Barry J. Hurewitz,Barry J. Hurewitz,Barry J. Hurewitz and Barry J. Hurewitz of Wilmer Cutler Pickering Hale and Dorr LLP
Linda Sherman provided a discussion on executive compensation. Jonathan Rosenfeld was unable to participate in person, but prepared a presentation on hiring and firing measures to avoid liability which is available online.
Workers' Compensation
Law Offices of Joseph R. Yurgine, P.C.
By law in the State of Illinois, claims for workers' compensation benefits are handled by the Sta.
Personal Injury Questions and Answers
Cypen & Cypen
How can I get compensation for injuries? There are several ways to recover payment for damages you have suffered..
Employee Attacked At Home On Sunday Morning Awarded Benefits
Law Office of Jon L. Gelman
An employee of the Division of Youth and Family Services was assigned to answer a call at the Jersey City Medical C.
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 General Information
Ling & Farran
What is a workers' comp claim? If you are hurt on the job you may have a workers' comp claim. The injury can be a.
The Apportionment of Disability in Workers' Compensation Claims
Law Office of Jon L. Gelman
In an era of heightened technological sophistication, the Division of Workers'' Compensation is increasingly faced with the necessity to apportion responsibility among successive employers or insurance carriers when dealing with occupational disease claims.
Did You Know? Ãâ¦
Silva, Francisco T. of Lerner, Moore, Silva, Cunningham & Rubel
Did you know you know that you are entitled to be reimbursed at the rate of $.31 per mile for reasonable .
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.
Protecting Your Rights Under the Illinois Workers' Compensation Act
T. Fritz Levenhagen of T. Fritz Levenhagen
DO'S AND DON'T'S UNDER THE ILLINOIS WORKERS' COMPENSATION ACT: 1. DO report any injury to y.
Pre-Tax Commuting: A New Employee Benefit
Sue O. Conway of Warner Norcross & Judd LLP
This article reviews the qualified transportation spending account plans which permits employees to pay transportation costs on a pre-tax basis.
Workers' Compensation in Pennsylvania
Gerald V. Benyo, Jr. & Associates
The purpose of the Workers' Compensation Act (the "WCA") is to provide benefits for employees who suffer job-relate.
Going to Work Held Compensable
Law Office of Jon L. Gelman
In interpreting the "premises rule" enacted by the New Jersey Legislature in 1989 as theoretically replacing the "g.
Telecommuting: Here Today ÃÂ
But Gone Tomorrow?
Anna Elento-Sneed of Carlsmith Ball LLP
On January 4, 2000, the Washington Post reported that the U.S. Occupational Safety and Health Administration (OSHA).
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 .
Review of Workers' Compensation Law ? 15--8 (2)
Stockton, Barker & Mead
The July, 1995 Defense Law Letter is dedicated to a summary and review of Workers' Compensation Law '15-8(d).
From the desk of Barry Stewart Silver, Attorney at Law
Barry S. Silver of Barry S. Silver, P.C.
Dear Clients and Friends, In some ways, life is a slapstick comedy routine.
Workers Compensation in Nebraska: Frequently Asked Questions
Johnson & Welch
What is Workers' Compensation? Each state has a system to protect workers from financial ruin and hardship when .
Workers' Compensation Adopts New Discovery
Law Office of Jon L. Gelman
The New Jersey Division of Workers' Compensation has adopted material changes in the form of discovery utilized in .
Liability in More Ways Than One: Employing Undocumented Workers
Nick Beermann of Ogden Murphy Wallace, P.L.L.C.
The practical reality of many employers' labor needs is that they could not successfully run their businesses unless they employed immigrant workers. Unfortunately, there is a misperception among employers that immigrant workers do not share the same rights as US citizens or permanent residents with work permits. But employing immigrants generally subjects employers to the same legal implications as employing non-immigrants.
Repetitive Trauma
Timothy C. Stubblefield
In Illinois, repetitive trauma cases are compensable, as a general rule, accidental injuries under the Workers' Com.
Saving Money On Workers' Compensation Insurance
Paul A. Grana & Associates
As you are probably aware your practice's workers' compensation insurance rates are based on the total payroll of .
Employment Benefits for the Traumatic Brain-Injured
Law Office Of Kenneth I. Kolpan, P.C.
When a person with a traumatic brain injury is unable to work, he or she may be entitled to certain benefits (comp.
Workers' Compensation for Employee Injured at Home
Parsons Behle & Latimer
In Ae Clevite, Inc. v. Labor Commission, the Utah Court of Appeals recently affirmed an award of workers' compensation benefits to an employee injured at his home. The plaintiff worked as a district sales manager for an automotive supply company.
Court of Appeals Decides "Fair" Average Weekly Wage
Teague, Campbell, Dennis & Gorham, L.L.P.
Traditionally, when an employee has been employed for a year or more, average weekly wage has been determined by a.
Proving a Compensable Latex Case: The Need for Expert Testimony
Jon L. Gelman of Law Office of Jon L. Gelman
A Pennsylvania court required that expert testimony be offered in order to establish causal relationshi.
Understanding the Casual Employment Defense
John H. Geaney of Capehart & Scatchard, P.A.
There are a limited number of defenses to workers' compensation claims in New Jersey.
Workers Compensation Act of Illinois: Frequently Asking Questions
Serkland & Muelhausen
If you are hurt at work, the Workers' Compensation Act of Illinois sets forth your rights. Understanding your work.
Injured On the Job: Your Workers' Compensation Rights in Georgia
R. Andrew Fernandez
A Guide for the Worker, Shop Steward and Union Representative Introduction Few Georgia workers realize the .
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.
Workers' Compensation Law: Coverage, Benefits, Defenses
Timothy C. Stubblefield
COVERED EMPLOYMENT. The Illinois Workers' Compensation Act was first approved by the General Assembly on July 9,.
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.
Pennsylvania Adopts The Separate Reaction Theory For Latex Allergy Claims
Jon L. Gelman of Law Office of Jon L. Gelman
The Pennsylvania Workers' Compensation Appeals Board has followed the theory adopted in a majority of jurisdi.
Iowa Court Liberalizes Latex Claims
Jon L. Gelman of Law Office of Jon L. Gelman
In a landmark case, the Iowa Supreme Court decided that latex allergy/sensitivity claims are to be considered.
New York Workers' Compensation Update
Robert S. Stockton of Stockton, Barker & Mead
As you know, there have been many recent changes to the hearing and administration process before the Workers' Comp.
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.
Uncovering the Hidden Signs of Workplace Substance Abuse
United States Department of Labor-Office of the Solicitor
This article discusses the behaviors that may indicate a substance abuse problem including poor work performance, attitude problems, and various physical symptoms.
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.
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.
The Law Did Not Bend-Arm Wrestling
Law Office of Jon L. Gelman
A worker who engaged in arm wrestling at work, which resulted in a spiral fracture of the right humerus with scarification, was engaging in an activity that was neither endorsed nor approved by his employer.
Stress in the Workplace: The Availability of Workers' Compensation Benefits
Law Office of Jon L. Gelman
Compensability for occupational diseases has become commonplace in most, if not all, jurisdictions throughout the.
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.