Tag: notice of injury

Apr 20, 2021

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...

Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to Employer Iowa Court Says “Near Miss” Report Can Serve as Notice of Injury to Employer
Jan 7, 2021

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...

Sunday Doesn’t Count for PA’s 120-day Notice to Employer Even if It’s Open for Business Sunday Doesn’t Count for PA’s 120-day Notice to Employer Even if It’s Open for Business
Sep 15, 2020

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 Court Says WCJ Erred in Failing to Award Attorney’s Fees to Claimant PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to Claimant
Oct 9, 2019

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...

NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim Filing NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim Filing
Sep 17, 2019

Colorado Employer’s First Report of Injury and Other Preliminary Filings Do Not Toll Statute of Limitations

In Colorado, the statute of limitations applicable to the state’s Workers’ Compensation Act [Colo. Rev. Stat. § 8-43-103(2)] is not tolled by the filing of the employer’s first report of...

Colorado Employer’s First Report of Injury and Other Preliminary Filings Do Not Toll Statute of Limitations Colorado Employer’s First Report of Injury and Other Preliminary Filings Do Not Toll Statute of Limitations
Jul 31, 2019

Vague, Nonspecific Statements About Knee Pain Did Not Constitute Required Notice to New York Employer

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had failed to provide the required written notice of injury to his...

Vague, Nonspecific Statements About Knee Pain Did Not Constitute Required Notice to New York Employer Vague, Nonspecific Statements About Knee Pain Did Not Constitute Required Notice to New York Employer
Dec 10, 2018

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,...

29-Month Delay in Filing North Dakota Claim Bars Recovery 29-Month Delay in Filing North Dakota Claim Bars Recovery
Apr 6, 2017

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...

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