The Workcomp Writer

FEBRUARY 20, 2023

In a decision not designated for publication, the Court of Appeals of Virginia held that the state’s Workers’ Compensation Commission is not bound by statutory or common law rules of pleading or evidence, nor by technical rules of practice [ Jenkins v. C & T Durham Trucking Co. 0381-22-1 , 2023 Va. LEXIS 103 (Feb. 14, 2023)].

Commissions 52

Commissions Medical Workers’ Compensation Hospitality 52

Workers' Compensation

DECEMBER 14, 2022

The NJ Supreme court held that the insurance agent's conduct must be a willful, wanton, or grossly negligent act of commission or omission for failure to advise an employer about workers' compensation coverage for a Limited Liability Corporation. Informed by the Legislature’s expression of public policy in N.J.S.A.

Workers’ Compensation 52

Workers’ Compensation Insurance Commissions Employment 52

Workers' Compensation Perspectives

JULY 4, 2024

The apparent rise in mental disability claims is a significant issue for disability insurers and workers’ compensation systems. The observed rise in workers’ compensation claims for mental injury must be interpreted in context. Handwringing over costs often misses this underlying premise.

Disability Insurance 52

Disability Insurance Workers’ Compensation Insurance Family and Medical Leave Act 52

The Workcomp Writer

AUGUST 26, 2024

In a previous appeal, the Court of Appeals had determined that Ackley’s fall was idiopathic and remanded the case for the Commission to determine if work conditions increased her risk of injury. Court’s Analysis The Court clarified its stance on idiopathic falls in workers’ compensation cases. Ackley again appealed.

Commissions 52

Commissions Workers’ Compensation Utilities Employment 52

The Workcomp Writer

MAY 24, 2022

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002, for which he received schedule loss of use awards, was the sort of misrepresentation prohibited by N.Y. Workers’ Comp.

Workers’ Compensation 45

Workers’ Compensation Compensation System Commissions Medical 45

The Workcomp Writer

SEPTEMBER 22, 2022

The court acknowledged that had the alleged injury been witnessed by a representative of the employer, the result might have been different, the court stressed that the former employee had come forward with no evidence that the employer knew of the alleged work-relatedness of the injury or that he would eventually file a workers’ compensation claim.

Workers’ Compensation 64

Workers’ Compensation IT Commissions Employment 64

Workers' Compensation Perspectives

JANUARY 1, 2019

Workers with permanent disabilities often don’t have those options. The monthly workers’ compensation amount they receive may have sustained them initially but unless it is adjusted for the cost of living, permanently disabled workers will see the buying power of their workers’ compensation income decline with each passing year.

Workers’ Compensation 52

Workers’ Compensation Pension Health and Welfare Insurance 52