Publications
What's Hot in Workers' Comp - 2024 to present
What's Hot in Workers' Comp, October 2025
What's Hot in Workers' Comp, September 2025
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.
What’s Hot in Workers’ Comp - News and Results*
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What’s Hot in Workers’ Comp, Vol. 29, No.
More Insight from the Industrial Accident Board to Assist in Correctly Calculating the Average Weekly Wage
It is important to correctly calculate the average weekly wage (AWW) from the beginning of the claim. The AWW is the starting point for calculating the rate that is used to pay all non-medical benefits. The pertinent statute is 19 Del.
What’s Hot in Workers’ Comp, Vol. 29, No.
District Court Holds that Average Weekly Wage Should Be Calculated at Time of Last Injurious Exposure in Occupational Injury Cases
The First District Court of Appeal reversed a compensation judge’s denial of indemnity benefits to a former employee who developed atrial fibrillation months after resigning from his job.
What’s Hot in Workers’ Comp, Vol. 29, No.
Appellate Division Upholds Dismissal of Construction Accident Claims Against Employer and Municipality
The New Jersey Appellate Division affirmed three trial court orders dismissing claims brought by James Weiss, a retired firefighter and employee of Altona Blower & Sheet Metal Works, who was seriously injured while installing a firefighter tra
What’s Hot in Workers’ Comp, Vol. 29, No.
Appellate Division Affirms 74% Disability Award in Custodian’s Workers’ Compensation Case
In Brooks v. Rutgers, the State University of New Jersey, the Appellate Division upheld a workers’ compensation judge’s decision finding the petitioner 74% permanently disabled as a result of his custodial work for Rutgers.
What’s Hot in Workers’ Comp, Vol. 29, No.