Hawaii Court Says Employer May be Estopped from Asserting Statute of Limitations Defense

Oregon High Court Says Board’s Order Assessing Penalties Against Comp Insurer Lacked Clarity

Delaware Worker's Tort Suit Against TPA May Continue

A civil action filed by an injured worker against a third-party claims administrator for alleged improper claims handling may proceed, held a Delaware court recently [see Ferrari v. Helmsman Mgmt....

NC Commission Erred in Dismissing Claim With Prejudice

Noting that dismissal with prejudice is the most severe sanction available to the court in a civil case, and thus, it should not be readily granted, a North Carolina appellate...

PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees

In a decision that discusses the complex give and take between an injured Pennsylvania employee and an employer who contends that the employee no longer is entitled to a payment...

Illinois Act Provides No Penalties for Delay in Authorizing Medical Treatment

An Illinois appellate court affirmed an order of a county circuit court that, in turn, confirmed a decision of the state’s Workers’ Compensation Commission reversing an award of attorney fees...

NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim Filing

A New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board denying a claim for failure to provide proper notice to the workers’ compensation carrier where...

Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by Exclusivity

A housekeeping employee at a Las Vegas casino, who suffered a stroke just prior to the beginning of his work shift, and who contended his medical condition was exacerbated when...

NY Claimant Fails to Show That Claim Filing Was Delayed by Hurricane Sandy

An employee’s inability to file a timely notice of claim based on his alleged inability to meet with counsel because of the onslaught and aftermath of Hurricane Sandy was an...

West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims

The Supreme Court of Appeals of West Virginia held that where a claimant delays the filing of a workers’ compensation death benefits claim because she was unaware, and could not...