NY Claimant’s Verbal Statement to Assistant Manager Was Sufficient Notice to Employer

NY Court: Cancellation of WC Insurance Policy Must be in Strict Compliance with Statute

NY Board Abused Discretion in Failing to Allow Carrier’s Review Application

In a claim tangental to a highly-publicized 2019 indictment for alleged workers’ compensation fraud, a New York appellate court held that the state’s Workers’ Compensation Board abused its discretion when...

SD Worker’s Letter Asking for “Review of Benefits” Was Inadequate to Toll Limitations Statute

Acknowledging the relative informality within the South Dakota workers’ compensation laws as well as the public policy that the state’s Workers’ Compensation Act and its rules should be construed liberally...

Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to Employer

Affirming a decision by an Iowa district court that found, under the circumstances of the case, that the employee had provided the employer with sufficient notice of injury pursuant to...

Sunday Doesn’t Count for PA’s 120-day Notice to Employer Even if It’s Open for Business

The 120-day period for providing notice of injury to the employer found in Section 311 of the Pennsylvania Workers’ Compensation Act [77 P.S. §631] is, as are all time frames...

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...

Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly Patient Was Insufficient to Constitute Notice of Claim

A notation in a Montana security guard’s daily log that he had been involved in an altercation with an unruly patient at the clinic to which he was assigned and...

29-Month Delay in Filing North Dakota Claim Bars Recovery

The Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore,...

Employer Not Prejudiced by Lack of Formal Notice When Supervisor Witnessed the Employee’s Injury

Where a highway construction worker, who had completed a strenuous shift of work on a hot summer day, lost consciousness, and fell to the ground in the presence of his...

Ohio: Injured Employee Settles 3rd Party Claim for $15,000, Owes Subrogated Employer $61,000

In Ohio, like most jurisdictions, an employer or carrier that provides an injured worker with workers’ compensation benefits enjoys a subrogation interest, to the extent of such payment, in any...