Publications
What's Hot in Workers' Comp - 2024 to present
What's Hot in Workers' Comp, January 2026
Delaware Supreme Court Affirms Ferrell v. City of Wilmington
The May 2025 What’s Hot highlighted Ferrell v. City of Wilmington, 2025 WL 753378 (Del. Super Ct. Mar. 10, 2025), which addressed two incidents involving one injury, and a recurrence versus aggravation.
First District Court of Appeals Holds that the Proper “Misconduct” Analysis Must Be Guided by the Amended Text of Florida’s Reemployment Assistance Law
The claimant was terminated for “misconduct,” and filed for temporary indemnity benefits, which the employer/carrier denied.
New Jersey Workers’ Compensation Legislation Update
Recently, Governor Murphy signed into law two bills. On January 12, 2026, the Governor signed S3772 into law.
Commonwealth Court Holds that a Workers’ Compensation Judge Has the Authority Under the Act to Address Fee Disputes Between Claimant’s Attorneys
In this case, the claimant suffered a tick bite and developed a work-related Lyme Disease injury in 2014. In 2016, a Workers’ Compensation Judge approved a 20% attorney’s fee for the claimant’s original counsel.
Delaware Industrial Accident Board Orders Claimant to Produce Expert Report on Causation in Petition to Add Body Part
The claimant suffered a work-related injury to his back on January 28, 2023, resulting in the parties entering into a “Medical Only” agreement acknowledging the back injury.
Florida Court Clarifies Misrepresentation Defense and Major Contributing Cause in Successive Workplace Injury Claims
The claimant initially injured her shoulder at work in 2021. During that claim, it was determined she made misrepresentations, which barred her from receiving further benefits under Florida Statute § 440.105.
New Jersey Supreme Court Affirms Essential Employee Status for Teachers in COVID-19 Workers’ Compensation Case
The main issue in this appeal was whether a teacher was an essential employee who was entitled to a rebuttable presumption that getting COVID-19 was work-related and compensable under workers’ compensation.
Appellate Division Affirms Dismissal of Intentional Wrong Claim in Workplace Fall Injury Case
On April 20, 2020, the plaintiff was assisting in unloading steel from a “flatrack” trailer when he fell and suffered a head injury, despite wearing a helmet.