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Workers' Compensation News

 

Exclusive Remedy Provision Doesn't Shield Attorney From Suit 10/23/2020
State: MA | Segment: NORTH | 0 | Popular with Legal
The Massachusetts Appeals Court ruled that an attorney could not rely on the exclusive remedy provision of the Workers’ Compensation Law to block a lawsuit by a former employee for the intentional infliction of emotional distress, sexual harassment and constructive discharge.   ...Read More
 
 

Exclusivity Doesn't Bar Maintenance Workers' Civil Suit Against Power Station Owner 10/20/2020
State: FL | Segment: SOUTH | 0 | Popular with Legal
A Florida appellate court ruled that a power station owner was not immune from civil liability to the injured employees of a contractor hired to perform maintenance work at the facility. ...Read More
 
 

Employers Say 'Reasonable Investigation' Rule Eliminates Need for Presumption 10/13/2020
By: Mark Powell (Reporter)
State: OR | Segment: Top | 0 | Popular with Legal
Oregon employer advocates say a proposed COVID-19 presumption is not necessary because a new temporary rule will ensure that carriers conduct “reasonable” investigations before denying employees’ claims that they contracted the virus at work. ...Read More
 
 

Employers Must Be Diligent Now That SB 1159 Is Law, Defense Expert Says 10/08/2020
By: Mark Powell (Reporter)
State: CA | Segment: Top | 2 | Popular with Legal
California’s COVID-19 presumption law is on the books until 2023, and the state’s employers might be running out of time to get up to speed on what’s required of them, a workers’ compensation defense attorney said Wednesday. ...Read More
 
 

Exclusive Remedy Doesn't Bar Privacy Act Claim 09/29/2020
State: IL | Segment: NORTH | 0 | Popular with Insurance
In a case of first impression, the Illinois Appellate Court ruled that the exclusive remedy provision of the Workers’ Compensation Act does not bar an employee from pursuing a claim against her employer for alleged violations of the Biometric Information Privacy Act. ...Read More
 
 
Exposed Persons Must Wait 14 Days Before Attending Hearings, Agency Says 09/24/2020
State: SC | Segment: SOUTH | 0 | Popular with Insurance
People who have tested positive for COVID-19 or believe they have been exposed to it can attend in-person hearings only after they have quarantined for two weeks, the South Carolina Workers' Compensation Commission said. ...Read More
 
 

Employer Must Pay for Worker's Spinal Cord Stimulator Assessments 09/17/2020
State: MS | Segment: SOUTH | 0 | Popular with Legal
A divided Mississippi Court of Appeals ruled that a former corrections officer is entitled to have his employer pay for evaluations to determine whether a spinal cord stimulator is reasonable and necessary treatment. ...Read More
 
 

Employer Hit With Fees for Failure to Timely File Notice of Compensation Payable 09/14/2020
State: PA | Segment: NORTH | 0 | Popular with Insurance
The Commonwealth Court ruled that a worker is entitled to an award of attorney fees from his employer due to its delay in filing a notice of compensation payable. ...Read More
 
 

Employer Can Terminate Benefits to Worker Who Stopped Treatment 09/14/2020
State: PA | Segment: NORTH | 0 | Popular with Employer
The Commonwealth Court of Pennsylvania has ordered publication of its decision allowing an employer to terminate a worker’s benefits because she stopped treatment. ...Read More
 
 

Employee Who Resigns Can Get Work Disability Benefits 09/11/2020
State: KS | Segment: NORTH | 0 | Popular with Legal
The Kansas Court of Appeals ruled that if a worker is fired after he tenders his resignation, he can collect disability benefits for the period between the date of discharge and what would have been the effective date of resignation. ...Read More
 
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