Workers' Compensation

Recent Posts

West Virginia: Supreme Court Says No Support for Board's Medical Findings
Posted on 26 Jul 2020 by Thomas A. Robinson

In spite of the deference afforded West Virginia's Workers' Compensation Board of Review when it comes to fact-finding, the state's Supreme Court, in a memorandum decision, reversed the Board's decision that awarded benefits for a worker's... Read More

New York: 8-Page Brief Rule Struck Down (as Currently Written)
Posted on 5 Jan 2020 by Thomas A. Robinson

Acknowledging that the New York Workers’ Compensation Board had broad discretion in setting rules regarding the content and formatting of an application for Board review (form RB-89), a state appellate court nevertheless held the rules, as written... Read More

South Carolina: Timely Notice is Subject to Substantial Evidence Standard, Not De Novo Review
Posted on 6 Apr 2018 by Thomas A. Robinson

The question of timely notice to the employer was not a jurisdictional question subject to de novo review, held the Supreme Court of South Carolina. Accordingly, where the Court of Appeals employed the de novo standard, instead of the substantial evidence... Read More

Update From the Benefits Review Board (May 2012)
Posted on 3 May 2012 by BRBS Longshore Reporter Staff

By Karen Koenig, Associate General Counsel, Longshore, Benefits Review Board, United States Department of Labor, Washington, D.C. BRB Statistical Update The Board began this fiscal year in October 2011 with 148 pending Longshore appeals. During the... Read More

Do You Know When Your Fee Petition Is Due? The Rocky Road Untimely Attorney’s Fee Petitions Travel
Posted on 22 Apr 2016 by BRBS Longshore Reporter Staff

William Dorsey, Administrative Law Judge [fn1], Scott Hardy, Attorney Advisor, OALJ San Francisco A ttorney’s fees and costs often are available under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.S. § 901 et seq.) to... Read More

New York: Decision Reversed Where Board Misread Record Regarding Expert Testimony
Posted on 6 Apr 2018 by Thomas A. Robinson

Noting that the Board was free to reject the medical opinion offered by the claimant’s expert and credit one rendered by an independent medical examiner, a New York appellate court held that the Board was not, however, free to misread the record... Read More

Update From the Benefits Review Board (May 2012)
Posted on 3 May 2012 by BRBS Longshore Reporter Staff

By Karen Koenig, Associate General Counsel, Longshore, Benefits Review Board, United States Department of Labor, Washington, D.C. BRB Statistical Update The Board began this fiscal year in October 2011 with 148 pending Longshore appeals. During... Read More