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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 workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination. It was my second appearance before the Full Commission, which consisted of three commissioners.

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SC High Court Stresses that with Discretionary Issues Commission Must Actually Use Discretion

The Workcomp Writer

Ironically, the Supreme Court based its reasoning upon a Court of Appeals decision properly rendered on the same issue approximately one year after that same lower court had affirmed the commission’s summary dismissal of the appeal in the instant case. Proffitt sought commission review of the order. 67-705(H)(4).

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Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer

The Workcomp Writer

The majority held the terms of the release signed by the injured worker were unambiguous and clearly released the employer from all claims that the worker might be able to file against the employer, including those that might be filed with the state’s Human Rights Commission. Background. Motion for Summary Judgment.

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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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Awards and Memories

Florida Workers' Comp

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. Not so much.

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Missouri: Review Application Not Untimely Where Delay Was Due to “Postage Due” Error by USPS

The Workcomp Writer

In Missouri, applications for Commission review, when sent by USPS, are “deemed to be filed as of the date they are endorsed by the United States post office on the envelope or container in which such paper is received ” [§ 287.480 R.S.Mo.]. The Commission received the October 29 mailing on November 1. Hawthorn Child.’s

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New study will explore the impact of economic turmoil on workplace experience

Workplace Insight

The Skills and Employment Survey 2023 (SES2023), which also involves researchers at UCL, the Universities of Oxford and Surrey and the National Centre for Social Research, will help academics assess the impact of an extraordinary period of turbulence for workers which includes the economic downturn, Cost-of-Living Crisis, Covid-19 and Brexit.