The Supreme Court decision will likely lead to an increase in employer “stock drop” lawsuits under ERISA, but not necessarily more liability.
The so-called “Bermuda Triangle” of employment law is: workers’ compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act.Read More
A New York Appellate court ruled that an injured worker's diabetes and obesity do not qualify as pre-existing conditions.Read More
Those courts concluded that denying workers comp benefits to illegal immigrants creates a financial incentive to hire them because it allows an employer to escape liability for worker injuries, giving that employer an unfair advantage over competitors who follow the law, Nebraska's high court said in its opinion.
How do you guard against these intentional tort cases? Train all of your employees about the importance of safety guards, and the dangers of toxic and hazardous substances. Inspect all equipment at the beginning and end of each shift to ensure that safety guards are in the proper place.Read More
Aggregate commercial insurance prices rose 6 percent during the third quarter of 2012, marking the seventh consecutive quarter that pricing for all commercial lines increased.Read More
The case of Merivic Inc. and Zurich North America v. Enrique Gutierrez involved a workers' comp claimant who had a ninth-grade education and a 'limited working knowledge' of English despite having lived in the United States for 34 years, according to the opinion.
California recently adopted workers' compensation reform laws that could help employers reduce their costs, but only if they understand how to take advantage of the changes.Read More
NCCI Holdings Inc. Oct. 31 reminded workers' comp underwriters of employee classification code changes insurers may apply when inclement weather or disasters force employers to temporarily suspend operations or shift workers into new roles.Read More
However, the jury is still out on whether the changes will result in lower costs to employers.