Acknowledging that pursuant to Iowa Code § 85.23, an employee ordinarily must provide a written notice of injury to the employer, but also stressing that the notice need not take any particular form, an Iowa appellate court affirmed a trial court’s... Read More

Where a New York employee’s job responsibilities included controverting workers’ compensation claims, his failure to notify his employer of an alleged work-related injury within the 30-day time period specified in N.Y. Workers’ Comp... Read More

That an employer operates its business on Sundays and, therefore, would have been able to receive a notice of injury by an injured employee on that day, has no effect on the 120-day notice period found in Section 311 of the Pennsylvania Workers’... Read More

New York’s Workers’ Compensation Board acted within its statutory powers when it found that a worker failed to provide the employer with the required notice under N.Y. Workers’ Comp. § 18, held a state appellate court. While the... Read More

The Supreme Court of Montana held that a hospital security guard failed to provide sufficient notice of injury to his employer when he made sketchy notations in a daily log book that he had been hit in the nose by an unruly psychiatric patient that he... Read More

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

Where an employer placed a worker on medical leave in February 2013, due to a bilateral knee condition and, more than a year later, and after consulting with a different orthopedist, the worker sought workers' compensation benefits, attributing her... Read More

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

In Oregon, if an injured worker has more than one employer, he or she may be entitled to supplemental temporary disability benefits from the Workers’ Benefit Fund, in addition to the disability benefits the worker receives from the employer’s... Read More

Acknowledging that S.C. Code § 42–15–20 requires that every injured employee or his representative give the employer “notice” of a job-related accident, but that no specific form of notice was actually required under the statute... Read More

Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits... Read More

Evidence that one day after moving tires, rims and heavy frame equipment while cleaning his employer’s shop, an auto body paint technician told the employer’s owner that he was “pretty sore” and he “must have hurt [himself... Read More

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

A Florida appellate court, reversing in relevant part a decision by a state JCC, held that a worker should have been reimbursed for all his medical expenses, mileage and co-payments incurred for treatment of a work-related injury in spite of the fact... Read More

For purposes of N.Y. Work. Comp. Law § 18, “accident” is not synonymous with the term injury. Accordingly, where a medical surgical technician slipped on a wet floor while performing her duties and reported an injury to her left knee... Read More