OSHA & Whistleblower Complaints: Wells Fargo Ordered to Pay $22 Million
Written by: Daniel Richardson, Esq. As employers seek to provide a safe workplace, it is imperative that no retaliatory action be taken against employees who choose to exercise their rights under the Occupational Safety and Health (OSH) Act or o
North Carolina Court of Appeals Limits Seagraves Test: Implications for Employers
Written by: Laura Gregory, Esq. Recently, the North Carolina Court of Appeals issued a holding that declined to extend the Seagraves test, which is used by courts to determine whether an employee constructively refused suitable employment when t
Future Medical Benefits in Tennessee
Written by: Carolina Martin, Esq. Under Tennessee Workers’ Compensation law, an employee is entitled to lifetime medical treatment made reasonable and necessary by their compensable workplace injuries. This can be a daunting prospect for emplo
OSHA Announces a National Emphasis Program to Protect Workers from Heat Hazards
Written By: Daniel Richardson On October 27, 2021, OSHA published in the Federal Register an Advance Notice of Proposed Rulemaking (ANPRM) on the issue of Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. According to this
Guidance from South Carolina Workers’ Compensation Commission on Completion of Form 19
Written by: Margaret “Meg” H. Donahue, Esq. On March 23, 2022 The SC Workers’ Compensation Commission issued this advisory notice clarifying information to be included on the Form 19 at the close of a claim. The Commission has determin
Florida Court Allows Bonus Paid After Date of Accident to be Added to Workers’ Compensation Wages Amount
Written by: Rayford H. Taylor, Esq. The Employee, in the case of Noa v. City of Aventura and Florida League of Cities, appealed an Order of the judge of compensation claims (JCC) denying an increase in her average weekly wage (AWW). The Employ
Recent Appellate Decisions Interpreting Florida’s Workers Compensation Statute
Written by: Rayford Taylor, Esq. The Hampton case established the mere fact an attorney fee amount has not been established does not prohibit the Statute of Limitations from operating to defeat payment of additional benefits. The Tejeda case
Does a Clerical Error Invalidate the Posted Panel?
Written by: Peter Skaily, Esq. One of the most important aspects of any workers’ compensation claim is control of medical treatment. The employer/insurer will want the claimant to treat with a provider from the panel of physicians. On the
MSA Responsibilities and the MSPA, 2021
Written by: Meredith Knight, Esq. Famously, the Medicare Secondary Payer Act has not changed significantly in decades. It is clearly understood that the MSPA prohibits Medicare from making payments that are the responsibility of a primary paye
Change-in-Condition SOL and the Mailbox Rule in Georgia
Written by: Daniel Richardson, Esq. When a claimant files a hearing request, the first thing to check is whether there is an applicable statute of limitations defense. The Georgia Court of Appeals recently addressed a statute of limitations defe