National and State-by-State Workers' Comp News Powered by Larson's (5/19/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Employer Reps Say Wage Theft Unintentional Due to Complex Regulations . Obese Workers Cost Employers $4K More in Health...

Pennsylvania: Gun-Wielding Store Manager’s Death While Attempting to Stop Robber Found Compensable

A Pennsylvania appellate court, reversing a decision of the state’s Workers’ Compensation Appeals Board, has determined that a convenience store manager did not abandon his employment and was furthering the business affairs of his employer when he was severely injured—the injuries eventually...

National and State-by-State Workers' Comp News Powered by Larson's (6/2/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Employers Seek Integration of Workers’ Comp, Health, Disability Insurance Benefits Products . Westaff Franchises...

National and State-by-State Workers' Comp News Powered by Larson's (6/9/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Sixth Circuit: Court Upholds Walgreen’s Termination of Employee for Using Armed Self-Defense . John Hopkins Doctor...

Pennsylvania: “Widow” Did Not Establish Common Law Marriage by Exchange of Vows in Wyoming: No Surviving Spouse Death Benefits Could Be Recovered

A Pennsylvania appellate court recently affirmed a decision by the state’s Workers’ Compensation Appeal Board that had in turn had affirmed the denial of a petition seeking death benefits under § 307(3) of the state’s Workers’ Compensation Act. Claimant and the decedent were...

National and State-by-State Workers' Comp News Powered by Larson's (6/23/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Federal Judge Appoints Co-Lead Counsel in AIG Workers Comp Policyholder Class Action Suit . Legal Talk Network Discusses...

National and State-by-State Workers' Comp News Powered by Larson's (6/30/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. More Doctors Reviewing Injured Worker’s Genetic Makeup When Prescribing Drugs . Mark Walls Joins Safety National...

National and State-by-State Workers' Comp News Powered by Larson's (7/7/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Sixth Circuit Moves Forward ADA Claim by Employee Denied Telework . CDC Reports Opioid Painkiller Prescribing Varies...

National and State-by-State Workers' Comp News Powered by Larson's (7/14/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. WCRI Releases New Edition of Medical Price Index for Workers’ Compensation . More Firefighters Die of Obesity-Related...

Federal: PA Federal Court Dismisses Travelers Indemnity’s Fraud and Unjust Enrichment Case Against Cephalon Regarding Addictive Pain Meds

A federal district court judge in Pennsylvania has dismissed a civil action filed by Travelers Indemnity seeking some $22 million in damages from Cephalon, Inc. over the “off-label” use of two cancer pain medications, determining that Travelers had not sufficiently alleged an injury and,...

Pennsylvania: Court Agrees That Worker’s Death Was Suicide, Not Unexplained Accident

In an unpublished opinion, a Pennsylvania appellate court has affirmed a finding by the state’s Workers’ Compensation Appeal Board that found a worker’s death did not arise out of and in the course of the employment where shortly before decedent’s body was found in a water tank...

National and State-by-State Workers' Comp News Powered by Larson's (7/21/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. CDC Publishes National Action Plan for Infertility, Workplace Exposures . CDC Urges Use of Acclimatization as Part of...

National and State-by-State Workers' Comp News Powered by Larson's (7/28/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. OSHA Chief Says Workplace Inequality Isn’t Just Wages, It’s Workplace Hazards . EEOC New Guidelines on Pregnancy...

Pennsylvania: Worker’s Injuries Sustained Just After Quitting Are Nonetheless Compensable

A worker who within a few minutes of quitting his job as a driver technician sustained injuries in a fall on his “former” employer’s premises, is entitled to workers’ compensation benefits according to a Pennsylvania appellate court. The worker, who had been on call all weekend...

Pennsylvania: Court Affirms Denial of Claim for Holistic “Medical” Treatment Performed in India

A Pennsylvania appellate court affirmed the dismissal of a petition for reimbursement of Ayurvedic therapy—a form of holistic alternative medicine that is the traditional system of medicine in India—based upon the failure of the claimant, a licensed Pennsylvania nurse, to show either that...

National and State-by-State Workers' Comp News Powered by Larson's (9/29/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. New Study Finds Big Drop in Injury Rate When Mandated Nurse Staff Ratios Used . NCCI Posts Updated Experience Rating...

National and State-by-State Workers' Comp News Powered by Larson's (10/6/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. US Sup Ct to Decide Whether to Hear Seaman Case Under Jones Act . $3.5B Financial Tie Exists Between Medical Device Makers...

Pennsylvania: Safety Meeting Held Before Shift Does Not Create Special Mission

A Pennsylvania appellate court affirmed a decision by the state’s Workers’ Compensation Appeal Board that denied a claim of an employee who sustained injuries in an auto accident as he traveled to a safety meeting held before the beginning of one of his work shifts. The court reasoned that...

National and State-by-State Workers' Comp News Powered by Larson's (10/27/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. CDC Updates Guidelines for Treatment of Ebola by Health Care Providers . Insurers Begin to Exclude Coverage of Ebola...

National and State-by-State Workers' Comp News Powered by Larson's (11/3/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. LexisNexis Offers Complimentary CLE-Accredited Webinar on Workplace Violence . NESRI Posts National Workers’ Comp...

Pennsylvania: Divorced Spouse May Attach Husband’s LHWCA Benefits to Collect Unpaid Alimony

A Pennsylvania court has affirmed a trial court’s order that determined that an injured worker’s Longshore and Harbor Workers’ Compensation Act benefits could be attached to pay the worker’s alimony obligation. The ex-husband had argued that there was no exception to the LHWCA’s...

Pennsylvania: Psychologist’s Testimony Not Competent to Rebut IRE Evidence Submitted by Employer

A Pennsylvania appellate court held that while a psychologist may provide competent testimony in the claim petition context, if a claimant seeks to rebut competent impairment rating evaluation evidence, he or she must present evidence of similar character—i.e., evidence of rating evaluations performed...

Pennsylvania: Retaliatory Discharge Rules Apply Where No Claim Was Filed, But Where Employer Provided Payment in Lieu of Compensation

A former employee alleging a claim for wrongful discharge in violation of the public policy embodied in Pennsylvania’s Workers’ Compensation Act ("the Act) need not show that a claim petition was actually filed with the Workers’ Compensation Bureau; it is sufficient for the former...

Pennsylvania: Part-Time Cook Awarded Benefits After Co-Worker’s Dog Bit Him in the Face

A part-time line cook who, while he was taking a smoke break with several co-workers, sustained facial lacerations and permanent scarring when he was bitten in the face by a co-worker’s dog, is due workers’ compensation benefits since the injuries occurred in the course and scope of the employment...

Pennsylvania: Claimant Fails to Show Psychic Injury Resulted From Abnormal Conditions

In Pennsylvania, a claimant seeking benefits for a psychic injury must meet a higher standard for causation by proving that (a) he or she suffered a psychic injury; and (b) his or her psychic injury was more than a subjective reaction to normal working conditions. With that rule in mind, a divided state...