Publications
What's Hot in Workers' Comp - 2024 to present
What's Hot in Workers' Comp, November 2025
What's Hot in Workers' Comp, October 2025
Delaware Court Affirms Denial of Seventh Back Surgery, Finding Prior Non-Compensable Procedure Broke Chain of Causation
The claimant had suffered a compensable work injury to his low back in 2004. As a result, he underwent five compensable low back surgeries, all performed by Dr. Kalamchi. In 2020, Dr.
District Court Holds that Daubert Evidentiary Challenges Do Not Apply to Expert Medical Opinions under Florida’s Workers’ Compensation Act
In this matter of first impression, Florida’s First District Court of Appeal addressed whether Florida Statutes Section 440.25(4)(d) precludes Daubert challenges to Expert Medical Advisor (EMA) opinions.
Appellate Division Affirms Award of Medical and Temporary Benefits, Rejects Employer’s Res Judicata and Collateral Estoppel Arguments in Workers’ Compensation Surgery Dispute
The respondent, Andersen/Silver Line Windows, appealed a decision that granted the petitioner’s motion for medical and temporary benefits. On July 16, 2020, the petitioner was injured lifting glass while working for the respondent.
Commonwealth Court Finds Firefighter’s PTSD Resulted from Abnormal Working Conditions After Two Infant CPR Incidents Within a Brief Period of Time
This case involved a claimant who, as a firefighter, experienced two events in which he performed cardiac pulmonary resuscitation (CPR) on infants within a period of roughly two-and-one half years, both of whom were not resuscitated.
What’s Hot in Workers’ Comp - News and Results*
RESULTS*
NEWS
What Is a Prima Facie Displaced Worker?
Over the last several years, there have not been many cases where claimants have successfully argued that they are a displaced worker prima facie, thus entitled to ongoing total disability benefits despite not being totally, medically dis
What’s Hot in Workers’ Comp, Vol. 29, No.
District Court Holds that Reservation Over Attorney Fee Entitlement May Not Toll Statute of Limitations
It seems there is no statute of limitations on the First District Court of Appeals’ issuing opinions interpreting the actual statute of limitations under Florida’s Workers’ Compensation Act.
What’s Hot in Workers’ Comp, Vol. 29, No.
New Jersey Workers’ Compensation Legislation Update
Below are the more notable pending New Jersey workers’ compensation bills in the 2024-25 session, with 2025 updates in bold.
What’s Hot in Workers’ Comp, Vol. 29, No.
Section 305.2(c.1) Does Not Require Claimant to Prove Non-Entitlement to Benefits Before Record Closes and Imposes No Timeline for Submission
The claimant filed a Claim Petition, alleging he suffered a spine and hand fracture on March 30, 2022, after falling from a roof while working as a laborer for Joe Miller Construction Company. Joe Miller denied it was the claimant’s employer.
What’s Hot in Workers’ Comp, Vol. 29, No.