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De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative Review

The Workcomp Writer

Personal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workerscompensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination. 6, 2024), illustrates how this tension continues to shape workerscompensation practice.

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WCI 2024 is Upon Us

Florida Workers' Comp

We rapidly approach the 78th annual rendition of the Workers Compensation Institute. The Florida WorkersCompensation Educational Conference celebrated its 50th anniversary in 1995. Beginning in the 1960s, the conference was run by the state Division of WorkersCompensation. Stevens, 145 Fla. 209, 198 So.

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Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Workers' Compensation

CIVIL LITIGATION Civil litigation discovery from emerging occupational disease claims has historically provided ancillary litigation support in proving non-fault workerscompensation claims. Timely notice and the workerscompensation claim filing must be satisfied under statutory requirements. Cohen v Apple, Inc, 46 F.

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Preparing for the Next Epidemic of Occupational Disease

Workers' Compensation

This standard would reduce occupational exposure to SARS-COV-2 virus, which causes COVID-19, influenza viruses, and other pathogens that cause major personal and economic damage yearly and impact the workers' compensation system. gelmans.com (10/26/2023), [link] © 2001-2023 Jon L Gelman. Live Updates ….

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New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

Workers' Compensation

The rule will help to ensure that the EPA has the information it needs to track asbestos use and to protect workers and the public from asbestos exposure. Gelman of Wayne, NJ, is the author of NJ WorkersCompensation Law (Thomson-Reuters) and co-author of the national treatise Modern WorkersCompensation Law (Thomson-Reuters).

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Toxic Flight Attendant Uniforms Result in a $1.1 Million Verdict

Workers' Compensation

While workerscompensation benefits may have been a primary recovery for damages, historically, they are insufficient to compensate victims. Workerscompensation is a statutory remedy based on capped awards calculated on the wages in effect at the time of the exposure.

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Medical Marijuana Within the Context of Workers’ Compensation Claims

The Workcomp Writer

It is, of course, one thing for a state to allow the use of marijuana in the treatment of injuries and diseases, but quite another to require employers and/or insurers to reimburse injured workers in connection with a workerscompensation claim. Stat. . §§ 26-2B-1 to 26-2B-7, et seq.), Four have ruled that it cannot.