Changes in the Law

February 15, 2021

How much time do I have to file a Workers’ Compensation claim?

OK, I notified my employer. How much time do I have to file a Workers’ Compensation claim? The actual statute of limitation for Workers’ Compensation claims imposes a more precise time track compared to your duty to forthwith notify your employer. Depending on the nature of your work-related illness or injury, either of two deadlines will apply to you: If you suffer a work-related injury, you have one year, starting on the day after the accident, to file your Workers’ Compensation claim. If you contract a work-related illness (an “occupational disease”), you have two years from the date on which […]
January 19, 2021

Mandatory vaccine policies may have workers comp implications

The COVID-19 vaccine rollout has begun in health care and senior living facilities across the U.S., and employers in many industries are eagerly awaiting the chance to have their employees vaccinated against the coronavirus. However, employers must balance their desire for a safe workplace with the risks of requiring vaccinations and the potential workers compensation implications if a worker experiences serious side effects, experts say. Employers “need to recognize that if they do impose a vaccination mandate that it’s likely that they are going to have to pay for the vaccination, that this will be compensable work time, and … […]
November 18, 2016

Washington Supreme Court Affirms Rule Giving Attending Physicians “Special Consideration”

Earlier this year, the case of Clark County vs. McManus went before the Washington State Supreme Court, ultimately raising the question of whether the “special consideration” jury instruction be treated as discretionary or mandatory. The “special consideration” instruction requires that testimony from injured workers’attending physicians be given careful thought or special consideration by the fact finder be that the Department, a judge, or a jury. The case surrounds Patrick McManus, a Clark County street sweeper who, after working between 1999 and 2011, had to quit due to a degenerative spinal disease affecting his lower back. The Department of Labor and […]
October 14, 2016

Oklahoma Supreme Court Rules in favor of Injured Workers

Earlier this month, the Oklahoma Supreme Court struck down the Opt Out provision of Oklahoma’s State workers’ compensation law, ruling in favor of injured workers. The 2013 legislation gave qualified employers the option to create treatment plans outside of the regular workers’ compensation system. The case involved Johnie Yvonne Vasquez, a department store employee who filed a claim for an injury to her neck and shoulder she sustained at work in 2014. Her employer, which had opted out of the state system and written their own plan, denied her claim. Vasquez sued and the Oklahoma Worker’s Compensation Commission agreed in a decision in February that the Statecannot allow […]
November 12, 2015

Could Medical Marijuana Impact Your Workers’ Compensation Claims?

Since 1996, twenty-three states and Washington D.C. have passed laws allowing for the medical use of marijuana for specific medical conditions, one of them being chronic pain. However, during this period of time marijuana has remained a Schedule I substance at the federal level, which is defined as the following: “Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence.”  In the twenty three states where medical marijuana […]
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