workers 
The Workcomp Writer
AUGUST 12, 2024
The District of Columbia Court of Appeals vacated a decision by the Compensation Review Board (CRB) that had affirmed an Administrative Law Judge’s (ALJ) denial of workers’ compensation benefits based on the worker’s alleged non-employee status [ Lopez v. District of Columbia Dep’t of Emp. LEXIS 294 (August 8, 2024)].
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. Waste Mgmt.,
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The Workcomp Writer
APRIL 18, 2022
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.
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.
The Workcomp Writer
APRIL 30, 2024
Employer denying claim on broad jurisdictional grounds cannot later defend tort action with exclusive remedy defense. The decision emphasizes that employers should be careful in denying claims on overly broad bases. Background Bastien sustained serious injuries when he was shot by a coworker at the employer’s facility.
The Workcomp Writer
NOVEMBER 5, 2024
The Iowa Court of Appeals recently affirmed a workers’ compensation commissioner’s decision awarding death benefits to a surviving spouse, finding substantial evidence supported the commissioner’s determination that the worker’s fatal prescription drug overdose was accidental rather than intentional [ Linnhaven, Inc. 30, 2024)].
The Workcomp Writer
AUGUST 27, 2024
Direct and Natural Consequence Rule A distinction must be observed between causation rules affecting the primary injury and causation rules that determine how far the range of compensable consequences extends, once the primary injury is causally connected with the employment. 2d 804 (2012)). In Haftsavar v. 593, 721 S.E.2d 30, 2014)).
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