Workers' Compensation

Recent Posts

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness
Posted on 24 Apr 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently... Read More

Multiple Chemical Sensitivities: The Next Big Workers’ Compensation “Thing?”
Posted on 8 Feb 2018 by LexisNexis Workers' Comp Law Newsroom Staff

Workers’ Compensation Attorneys Should Read This Study and Dust Off Their Copies of the ADA By Richard B. Rubenstein, Esq., Rothenberg, Rubenstein, Berliner & Shinrod, LLC, New Jersey In the last thirty years, advances in epidemiology... Read More

Federal: Facebook Comment Regarding Injured Worker’s Medical Condition May Subject Employer to Liability under ADA
Posted on 11 Jul 2014 by Larson's Spotlight

A federal district court has refused to dismiss a civil action filed against a company by a former employee who claimed that a former coworker, who processed workers’ compensation claims for the company, violated § 102 of the Americans With... Read More

Arkansas: Claimant May Pursue Comp Benefits in Spite of Claim During EEOC Dispute That She Was Capable of Working
Posted on 17 Jan 2014 by Larson's Spotlight

A divided Arkansas appellate court recently held that a former employer that paid $60,000 to a former employee to settle the latter’s EEOC & ADA charges might be entitled to at least a partial credit under Ark. Code Ann. § 11-9-807 against... Read More

United States: Comp Claimant’s Execution of Compromise and Release Containing General Release Barred Subsequent Federal Action Under ADA and Pennsylvania Human Relations Act
Posted on 12 Jul 2013 by Larson's Spotlight

A federal district court recently held that plaintiff's execution of a Compromise and Release of his workers' compensation claim bars his right to raise claims under the ADA and the Pennsylvania Human Relations Act. Accordingly, the federal court... Read More

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act
Posted on 8 Apr 2015 by Roger Rabb

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers... Read More

Jonathan R. Mook on the New 2010 ADA Standards from the Departments of Justice and Transportation
Posted on 31 Aug 2010 by Jonathan R. Mook

In July 2010 the Dept. of Justice (DOJ) issued a final rule implementing accessibility provisions of the ADA. The DOJ is also seeking comments on proposed regulations on internet accessibility, movie captioning, and accessible equipment and furniture... Read More

Featured Blogger - Jonathan Mook: The ADA Amendments Act: Final Thoughts and Compliance Tips
Posted on 30 Jan 2009 by Jonathan R. Mook

Over the last week, I have discussed a number of the major changes to federal disability law resulting from the enactment of the ADA Amendments Act of 2008 . The expansion in the definition of disability under the statute will impact both employers and... Read More

ADA and Return-to-Work – Avoiding Litigation
Posted on 15 Jul 2010 by Maureen Kohl Bennington, MS, CCM, CDMS, CPUR, CRC

Employers need to accommodate employees in order to protect themselves from violating ADA legislation. Since the signing of the ADA in 1990, court cases led by activists have been consistently related to Title I employment issues. The interpretation of... Read More

Jonathan Mook on EEOC’s Notice of Proposed Rules to Amend Current Americans with Disabilities Act Regulations (Podcast Transcript)
Posted on 21 Oct 2009 by Jonathan R. Mook

LexisNexis Podcast of Jonathan Mook on EEOC’s Notice of Proposed Rules to Amend Current Americans with Disabilities Act Regulations Posted October 20, 2009 Interview Conducted by Steve Berstler On this edition, Jonathan Mook of DiMuro Ginsberg... Read More

The ADA at Twenty: A Time for Celebration and Reflection
Posted on 21 Jul 2010 by Jonathan R. Mook

Twenty years ago this month, President George H.W. Bush signed into law the most sweeping anti-discrimination measure enacted by the Congress since the passage of the Civil Rights Act of 1964 – the Americans with Disabilities Act of 1990 (“ADA”... Read More

Featured Blogger - Jonathan Mook: The ADA Amendments Act: Expanding the Definition of Disability
Posted on 27 Jan 2009 by Jonathan R. Mook

As we have learned, the major purpose of the bipartisan ADA Amendments Act of 2008 is to liberate the definition of “disability” from the narrow definition adopted by the courts. How does the ADAAA do this? The answer is in several ways. ... Read More

Featured Blogger - Jonathan Mook: The ADA Amendments Act: The Product of a Remarkable Bi-Partisan Coalition
Posted on 29 Jan 2009 by Jonathan R. Mook

Like the original Americans with Disabilities Act of 1990, the ADAAA was the product of a broad coalition of Republicans, Democrats, disability rights advocates and employer and business groups coming together to enact legislation that they all could... Read More

Featured Blogger - Jonathan Mook: The ADA Amendments Act: What Are Major Life Activities and What Is “Substantially” Limiting?
Posted on 28 Jan 2009 by Jonathan R. Mook

Under the requirement of having an actual disability in both the original ADA and the ADA Amendments Act , a physical or mental impairment must substantially limit what is termed a “major life activity.” Under the original provisions of the... Read More

CA: Federal Judge to Issue Ruling on Access to Medical Marijuana Under Americans With Disabilities Act
Posted on 27 Apr 2010 by LexisNexis Workers' Comp Law Newsroom Staff

SANTA ANA, CA - The Orange County Register reports that U.S. District Judge Andrew Guilford is expected to issue his final ruling Tuesday with respect to the claims of four Orange County medical marijuana patients who say they have a right to access medical... Read More