Workers' Compensation

Recent Posts

North Dakota: Failure to File Claim Within 29 Months of Injury Bars Recovery of Benefits
Posted on 14 Dec 2018 by Thomas A. Robinson

In North Dakota, as is also the case in most states, the claims filing period begins on the date of injury. Under N.D. Cent. Code § 65-05-01, however, if the employee suffers from a latent injury or condition, the filing period begins on the first... Read More

California: Seven-Year Delay in Filing Claim Excused Where Employer and Insurer Failed to Provide Injured Employee With Required Notices Regarding Rights to File
Posted on 19 Aug 2016 by Thomas A. Robinson

The Court of Appeal of California (2nd Appellate Dist.), affirming an order of the WCAB, held that affirmative defense of laches was not available to insurer in spite of the fact that the employer’s claim for workers’ compensation benefits... Read More

New York: Lack of Written Notice of Injury Excused Where Claimant Told Supervisor of Work-Related Injury
Posted on 5 Jan 2018 by Thomas A. Robinson

It was within the discretion of New York’s Workers' Compensation Board to excuse a claimant's failure to provide timely written notice where competent evidence indicated the injured worker actually reported her leg injury to her supervisor... Read More

Arkansas: Employer Estopped from Asserting Worker’s Claim Was Time-Barred
Posted on 16 Mar 2018 by Thomas A. Robinson

A worker's compensation claim was not time-barred even though it was filed more than two years after the date of the injury where the employer had told the employee he did not have workers' compensation insurance, the employer had actual notice... 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

California: Seven-Year Delay in Filing Claim Excused Where Employer and Insurer Failed to Provide Injured Employee With Required Notices Regarding Rights to File
Posted on 19 Aug 2016 by Thomas A. Robinson

The Court of Appeal of California (2nd Appellate Dist.), affirming an order of the WCAB, held that affirmative defense of laches was not available to insurer in spite of the fact that the that the employer’s claim for workers’ compensation... Read More