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Insurance Agent's Conduct Determines Liability for Failure to Inform an Employer of Workers' Compensation Coverage Options

Workers' Compensation

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.

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Employee Relationships is a Serious Employer Responsibility

HR Digest

Many aspire to work at companies like Google, not just due to the pay they offer but because there seems to be no dearth of provisions for engaging employee and employer relationships. The focus on employee welfare started post-World War II when retirement and pension plans appeared as the biggest forms of employer care.

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The 800-Pound Gorilla

Florida Workers' Comp

Some believe that the distinction is somehow starker in the community of workers' compensation, but I am dubious. Some believe that part of our workers' compensation challenge is based upon a conscious decision to neither recruit nor train young professionals early in the 21st century. There will always be workers' compensation.

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NJ Supreme Court to Review Workplace Insurance Exclusion

Workers' Compensation

The NJ Supreme Court will review whether a workers’ compensation insurance company has a duty to defend an employer against personal injury claims brought by the employer’s employee under an employer's liability insurance policy. See, Millison v. Du Pont De Nemours & Co., 2d 505 (N.J. Hariton Mach. 2d 884 (N.J.

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Utah Court Clarifies State’s Approach to Idiopathic Falls on Hard Surfaces

The Workcomp Writer

On remand, the Commission again denied benefits, stating that the evidence did not support the conclusion that Ackley’s employment increased the dangerous effects of her idiopathic fall. Court’s Analysis The Court clarified its stance on idiopathic falls in workers’ compensation cases. LEXIS 125 (August 22, 2024)].

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Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits

The Workcomp Writer

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.

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Rendering Aid to an Injured Worker: Potential Liability under the Dual Capacity/Dual Persona Theory

The Workcomp Writer

It is axiomatic that in every American jurisdiction, once a workers’ compensation act has become applicable—either through compulsion or election—it affords the exclusive remedy for the injury by the employee or the employee’s dependents against the employer [see Larson’s Workers’ Compensation Law , § 100.01, et seq. ].