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Workers' Compensation Perspectives
MARCH 23, 2020
Regardless of the workers’ compensation model (private insurance, competitive state fund, exclusive state fund), every insurer has to prepare for the unexpected. As noted in my last post, the COVID-19 event most certainly is a rare event and just as assuredly will result in accepted workers’ compensation claims.
Florida Workers' Comp
JANUARY 11, 2024
In 2018 Forum Recap and Professionalism (April 2018) ; 2015 Frierson-Colling Professionalism Award (2015), I had the chance to discuss professionalism and The Florida Bar Workers' Compensation Section's efforts to recognize it in their members. Myers who was a legend in Florida workers' compensation before my time.
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Workers' Compensation
AUGUST 24, 2023
A cornerstone of the NJ Workers’ Compensation Act [WCA] is that the Division of Workers’ Compensation [DWC] is mandated to oversee the settlement of accident or injury claims. 2d 636 (2004). Payments made under Section 20 may be considered payments of workers’ compensation for insurance rating purposes only.
The Workcomp Writer
JANUARY 16, 2023
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 workers’ compensation claim. Stat. . §§ 26-2B-1 to 26-2B-7, et seq.), Four have ruled that it cannot.
The Workcomp Writer
SEPTEMBER 19, 2022
Fault should play no role within the workers’ compensation scheme. Richards sought workers’ compensation benefits for a “low back” injury. A workers’ compensation claims manager later testified that Richard’s “review committee” determined that the accident was preventable. 2d 695 (2004).
The Workcomp Writer
MARCH 27, 2023
The injured worker had alleged the co-employees had a financial motive in minimizing his medical care—they would receive additional pay if certain safety goals were maintained. The Supreme Court said accordingly, workers’ compensation immunity barred Plaintiff’s claim for negligent hiring, retention, and supervision.
The Workcomp Writer
NOVEMBER 11, 2024
Personal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination. 6, 2024), illustrates how this tension continues to shape workers’ compensation practice.
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