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Back to the Future: A Retroactive Wage Adjustment in Delaware

Mike Galbraith is the man of the hour. I always love being blessed by those who highlight significant developments in this recent case law for me. Or obscure or unique issues. Here is an issue for you: Average weekly wage is fleshed out at the time an Agreement as to Compensation is tendered. A...

Back to the Future: A Retroactive Wage Adjustment in Delaware

Mike Galbraith is the man of the hour. I always love being blessed by those who highlight significant developments in this recent case law for me. Or obscure or unique issues. Here is an issue for you: Average weekly wage is fleshed out at the time an Agreement as to Compensation is tendered. A year...

California Workers’ Compensation Reform SB 863 Analysis: Carve-Out Provisions

***WARNING: The following analysis is based on the 8/27/2012 version of SB 863. On 8/31/2012, the Legislature passed SB 863. Be sure to check the final version of SB 863 posted on the Legislature website.*** The proposed amendments in SB 863 (8/27/12 version) to Labor Code Section 3201.7 would make...

California: Former Union Member Not Bound to Arbitration for His Work Injury Claim

In what appears to be a case of first impression, the issue before a WCAB panel was whether an employee, who was a former union member, could be bound to arbitration. In Chamberlain v. Irwin Industries, Inc ., 2013 Cal. Wrk. Comp. P.D. LEXIS – (May 13, 2013), t he WCAB, denying defendant employer’s...