PA Commonwealth Court Reverses WCJ and Board in Post-Lorino Decision

SC High Court Stresses that with Discretionary Issues Commission Must Actually Use Discretion

Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement

Reiterating that aTexas workers’ compensation carrier is entitled to the “first money” an injured worker recovered in a third-party tort action—here, settlement of a medical malpractice claim—and stressing further that...

Louisiana Trial Court Errs in Awarding Attorney’s Fees Exceeding $2,000 Per Hour

The Supreme Court of Louisiana affirmed a trial court’s decision to the extent that it ruled it had jurisdiction to hear an employer’s claim for damages and penalties against its...

PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues

In a decision that is turning heads in the Keystone State, the Supreme Court of Pennsylvania, stressing the importance differences between two words—“shall” and “may”—reversed a decision by the state’s...

SC Commission is Immune From Suit After Apparent Stumbling With Attorney’s Fee Lien

A South Carolina appellate court affirmed a decision by a state trial court that dismissed the civil action filed against the S.C. Workers’ Compensation Commission by a law firm who...

NY Law Firm’s $52K Fee Request Will be Reconsidered by Board

In a relatively unusual move, the Appellate Division of the Supreme Court of New York (Third Department) vacated its October 8, 2020 decision [reported at 187 A.D.3d 1297, 132 N.Y.S.3d...

Girlfriend’s Dependency Claim Filed in Face of NC Supreme Court Decision Does Not Warrant Sanctions

Notwithstanding the doctrine of stare decisis, in this case a clear holding by the North Carolina Supreme Court that a person living in cohabitation with another, to whom he or...

MS Court Reverses Commission Order Granting Sanctions Against Employer

A Mississippi appellate court held the state’s Workers’ Compensation Commission erred when it entered an order that required an employer/carrier to pay attorney’s fees of $4,000 as a sanction for...

NY Law Firm Requests $52K in Fees, Gets $1K For Failure to Submit Proper Form

A New York appellate court held the state's Workers' Compensation Board did not abuse its discretion in awarding counsel fees of $1,000 to the law firm representing an injured worker...

PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to Claimant

The Commonwealth Court of Pennsylvania recently reversed a decision of the state's Board and found, contrary to the findings of both a WCJ and the Board, that an employer violated...

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...