Publications
The Delaware Supreme Court affirms decision that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease.
Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant.
What’s Hot in Workers’ Comp, Vol. 28, No.
A pending petition for fees and costs only does not toll statute of limitations, nor does payment of attorney’s fees and/or costs, as these petitions are pending and relate to jurisdiction only.
This claim involved a compensable accident date of August 8, 2019, where the employer/carrier provided benefits. The last benefit, an indemnity benefit, was made on November 13, 2020.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division affirmed dismissal of worker’s compensation claim for lack of compensability.
In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment.
What’s Hot in Workers’ Comp, Vol. 28, No.
Commonwealth Court holds that claimant who was sole proprietor is required to provide notice of work-related injury to workers’ compensation insurance carrier within 120 days of occurrence of the injury.
In this case, the claimant was the owner of the employer and the sole employee. He sustained work injuries on September 28, 2015, while coming off a ladder, when he tripped over a shovel, fell backwards and landed on his head.
What’s Hot in Workers’ Comp, Vol. 28, No.
Commonwealth Court affirms denial of Claim Petition that alleged occupational disease of lead toxicity.
On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead exposure. The employer issued a notice of denial on September 1, 2018.
What’s Hot in Workers’ Comp, Vol. 28, No.
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What’s Hot in Workers’ Comp, Vol. 28, No.
What’s Hot in Workers’ Comp – Special PA Alert
On May 29, 2024, in the matter of Erie Insurance Property & Casualty Company v. David Heater (Workers’ Compensation Appeal Board), No. 148 C.D. 2023, A. Judd Woytek and Audrey L.
What’s Hot in Workers’ Comp – Special PA Alert – June 10, 2024,
Superior Court affirms IAB decision enforcing workers’ compensation settlement agreement and rejected claimant’s attorney’s argument of entitlement to common law “attorney’s charging lien” that was not a term of the settlement.
Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident, medical expense benefits and temporary total disability (TTD) benefits. Mr.
What’s Hot in Workers’ Comp, Vol. 28, No.
A judge of compensation claims must be specific when awarding non-professional attendant care to a family member.
The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claimant ordered the employer/carrier to pay him for 30 hours per week at the federal minimum wage.
What’s Hot in Workers’ Comp, Vol. 28, No.
The Appellate Division reversed and remanded a trial court order denying the plaintiffs’ motion to amend their complaint and dismissed their matter with prejudice.
The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused the decedents to become infected with COVID-19 and pass away in March 2020.
What’s Hot in Workers’ Comp, Vol. 28, No.