Workers' Compensation Perspectives

SEPTEMBER 19, 2022

Workers’ compensation “reforms” are typically focused on reducing employer costs. Enacted reforms often result in restrictions that limit rather than enhance benefits to workers. Sadly, even the minimum levels recommended by that report are often missing from current workers’ compensation statutes.

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Florida Workers' Comp

JANUARY 4, 2022

Notably, in the workers' compensation practice, communication among judges regarding such calendar conflicts is commonplace, but less so when the conflict is court-related. In a word, mandatory mediation has been famously beneficial to Florida workers' compensation. The early 1990s were tough in Florida workers' compensation.

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Florida Workers' Comp

DECEMBER 7, 2023

Workers' compensation as a community is ever-changing. He remained until the fall of 2005 and then headed off to the Circuit Court. The workers' compensation community had many opportunities to acclimate to Judge Cohen in those sixteen years. There is a tendency for workers' compensation agencies to see leadership turnover.

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The Workcomp Writer

APRIL 26, 2023

The Court said that it could not determine from the board’s order if its decision had been based upon an imputed knowledge theory, under which an improper motive for the employer’s of the injured worker’s employment would have been imputed to the insurer—or under a direct knowledge theory, for which there was no evidence. 3d 434 (2005).

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The Workcomp Writer

FEBRUARY 7, 2024

Stressing that it was not the role of the appellate court to second-guess the Board’s resolution of factual and credibility issues, a New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a workers’ compensation claimant had not violated N.Y. Workers’ Comp. Workers’ Comp.

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The Workcomp Writer

JULY 30, 2023

That got me thinking about workers’ compensation claimants. Direct and Natural Consequence Rule Like a number of other axiomatic doctrines within the field of workers’ compensation law, the so-called “direct and natural consequence” rule is easily articulated. The appellate court agreed with the commission, finding that Va.

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The Workcomp Writer

MARCH 28, 2024

Background Rolsen sought workers’ compensation benefits after he suffered an adverse reaction to a pneumonia vaccination that he received while he was on duty as a manager at his employer’s Walgreens retail store. Elephant in the Room The appellate court stressed that Rolsen was ignoring “the elephant in the room.”

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