Publications
What's Hot in Workers' Comp - 2024 to present
What's Hot in Workers' Comp, January 2026
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.
Commonwealth Court Affirms Workers’ Compensation Judges’ Authority to Amend Injury Description Under Section 413(a) Despite Initial Notice of Compensation Payable Limitation
The claimant worked as a food equipment delivery person and was injured in a motor vehicle accident while on his way home from Maryland. At the time of the injury, the employer was insured by both Berkshire and SWIF.
Commonwealth Court Reverses Denial of PTSD Claim, Holding Police Officer Faced Abnormal Working Conditions After Deadly Struggle
This case involves a claimant who worked as a police officer for the employer for 14 years and was involved in a life and death struggle with a suspect, who had allegedly beaten his girlfriend and fled from police.
What’s Hot in Workers’ Comp - News and Results*
RESULTS*
NEWS
TOP 10 DEVELOPMENTS IN DELAWARE WORKERS’ COMPENSATION IN 2025
1. Industrial Accident Board grants continuance but suspends temporary total disability benefits pending rescheduled hearingFortt v. Delaware Brick Company, IAB No. 1542958 (Dec. 12, 2024)
TOP 10 DEVELOPMENTS IN FLORIDA WORKERS’ COMPENSATION IN 2025
1. Treatment with an authorized provider tolls the statute of limitations, although treatment occurred without employer/carrier’s knowledge and billed to private health insurance