Workers' Compensation

Recent Posts

New York: Failure to File Proper Paperwork Results in $1K in Attorney's Fees, Instead of $52K Requested
Posted on 26 Oct 2020 by Thomas A. Robinson

The New York Workers' Compensation Board acted within its discretion when it awarded counsel fees of $1,000, instead of the $52,000 requested in a memorandum of law filed with the Board, held a state appellate court. The appellate court noted that... Read More

Pennsylvania: Failure to Award Attorney's Fees Was Erroneous Where Employer Failed to File Notice of Compensation Payable in Timely Manner
Posted on 18 Oct 2020 by Thomas A. Robinson

Observing that the issue of whether an employer had reasonably contested a claim was a question of law fully reviewable by the appellate court, a Pennsylvania appellate court reversed a decision of the Appeals Board that rule an employer's contest... Read More

Louisiana: JCC's Credibility Findings Sufficient to Withstand Employer's Fraud Charge
Posted on 26 Jul 2020 by Thomas A. Robinson

A Louisiana appellate court affirmed a WCJ's finding that an employer had not reasonably controverted a claim in spite of the employer's evidence that the injured worker had a preexisting co-morbid condition -- a congenital single kidney -- that... Read More

Pennsylvania: WCJ Erred in Awarding Unreasonable Contest Fees Where Employee Never Proved Disability
Posted on 20 May 2020 by Thomas A. Robinson

Where an injured employee sustained a laceration over the eye -- a condition admitted by the employer -- and later sought reinstatement of his disability benefits, the burden was on the employee to establish his entitlement to benefits based on an actual... Read More

Florida: Grace Period to Avoid Attorney’s Fees is Not Extended by Weekends or Holidays
Posted on 10 Mar 2020 by Thomas A. Robinson

The 30-day “grace” period found in § 440.34(3)(b), Fla. Stat., which allows an employer/carrier to avoid the imposition of attorney fees if the the employer/carrier either accepts the claim or provides the requested benefits within 30... Read More

New York: Attorney Fees Are Not to be Based Upon Amount of Recovery
Posted on 10 Mar 2020 by Thomas A. Robinson

A New York appellate court affirmed a Board decision reducing an attorney’s requested $18,000 fee to $8,000 in spite of the attorney’s contention that 15 percent of the amount awarded to an injured employee was the “customary”... Read More

New Jersey: Attorney’s Fees in Death Benefits Case Should be Based on Mortality Tables for Surviving Spouse
Posted on 25 Jul 2019 by Thomas A. Robinson

A New Jersey appellate court affirmed a final judgment entered by the Division of Workers’ Compensation awarding fees to counsel for the surviving spouse of a worker who succumbed to an occupational disease based on the surviving spouse’s... Read More

United States: In Longshore Decision, No Abuse of Discretion in Adjusting Attorney’s Fees by National Consumer Price Index
Posted on 28 Nov 2018 by Thomas A. Robinson

With regard to a claim filed under the Longshore and Harbor Workers' Compensation Act (the Act), the Ninth Circuit Court of Appeals , in a decision not designated for publication, held that it was within the discretion of the Benefits Review Board... Read More

New Mexico: Worker’s Offer of Judgment Triggers Statutory Fee-Shifting Provisions
Posted on 14 Sep 2018 by Thomas A. Robinson

A workers' compensation judge erred as a matter of law by declining to apply the mandatory fee-shifting provision set forth in N.M. Stat. Ann. § 52-1-54(F)(4)(2003)(amended 2013), because the worker made a valid offer under N.M. Stat. Ann. §... Read More

Minnesota: Claimant Pulled into Argument Between Two Employers Awarded Attorney’s Fees
Posted on 26 Jul 2018 by Thomas A. Robinson

In a workers' compensation dispute where two employers denied liability and the employee was drawn into the litigation, the employee was entitled to attorney fees under Minn. Stat. § 176.191, held the Supreme Court of Minnesota. Here, the employee... Read More

Kansas: No Claimant’s Attorney Fees Available for Appellate Work in Comp Case
Posted on 21 Jun 2018 by Thomas A. Robinson

The Court of Appeals of Kansas held that attorneys representing claimants at the appellate court level in the state fall between the cracks when it comes to awards of attorney’s fees, even when successfully representing their clients. Citing Rogers... Read More

California EAMS: Issues to Consider Before Submitting Your Settlement Docs
Posted on 12 Jun 2012 by Colleen Casey

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk... Read More

Louisiana Workers’ Compensation Law Changes 2012
Posted on 28 Jun 2012 by Denis Paul Juge

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the... Read More

Florida Workers’ Compensation: The Great Wait
Posted on 25 Jun 2015 by Robert J. Grace, Jr.

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook... Read More

Tennessee: Insurer Gets Stung for $27,000 in Attorney’s Fees In $187 Utilization Review Dispute
Posted on 14 Jan 2017 by Thomas A. Robinson

A workers’ compensation insurer for a Tennessee employer, who sought utilization review regarding two trigger point injections, totaling $187, to treat an injured worker’s back pain and who stood its ground when the UR provider opined that... Read More