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$4,300 Counsel Fees Meet Criteria for Lien on N.Y. Employer’s Reimbursement
$4,300 Counsel Fees Meet Criteria for Lien on N.Y. Employer’s Reimbursement

Case File When a claimant's attorney sought fees in connect with a claim, the court found a lien on the employer's reimbursement was in line with New York's Workers' Compensation Law. Simply Research subscribers have […]

  • Apr 24, 2025
  • Frank Ferreri
Medical Evidence Supports VA Worker’s Online Training Injury, but not Headaches, Pain
Medical Evidence Supports VA Worker’s Online Training Injury, but not Headaches, Pain

Case File ECAB decided that some of a V.A. worker's medical evidence supported her claims but not all of them. Simply Research readers have access to the full text of the decision. Case P.V. and […]

  • Apr 14, 2025
  • Frank Ferreri
Va. Top Court Scolds Amazon for ‘Zigging’ before ‘Zagging’ on Flex Drivers’ Employment Status
Va. Top Court Scolds Amazon for ‘Zigging’ before ‘Zagging’ on Flex Drivers’ Employment Status

Case File Amazon claimed that it used independent contractors in its Flex drivers program and lost that argument. Then it tried to say that not all of the drivers in the program should be treated […]

  • Mar 07, 2025
  • Frank Ferreri
With No Reasonable Suspicion, Fatal Boat Explosion didn’t Warrant Drug Testing
With No Reasonable Suspicion, Fatal Boat Explosion didn’t Warrant Drug Testing

Case File An explosion on the job that killed and injured people prompted a Florida employer to seek drug and alcohol testing for blood drawn from a worker involved in the incident when he received […]

  • Jan 31, 2025
  • Frank Ferreri
Teacher’s Push for More Eye Injury Benefits Doesn’t Get Past Res Judicata, Rules
Teacher’s Push for More Eye Injury Benefits Doesn’t Get Past Res Judicata, Rules

Case File After a teacher experienced a serious eye injury at the hands of a violent student, her request for benefits later on hit twin snags in the form of a legal doctrine and a […]

  • Jan 04, 2025
  • Frank Ferreri
Injured D.C. Worker Gets 2nd Chance to Test Exclusive Remedy Limits
Injured D.C. Worker Gets 2nd Chance to Test Exclusive Remedy Limits

Case File While a worker injured on the job didn't present evidence regarding whether Washington, D.C.'s exclusive remedy rules should apply, an appeals court found that the lower court was too hasty in deciding that […]

  • Dec 17, 2024
  • Frank Ferreri
OWCP’s Call to Nix a Schedule Award Runs into 2nd Opinion Troubles Before ECAB
OWCP’s Call to Nix a Schedule Award Runs into 2nd Opinion Troubles Before ECAB

Case File How important can a second opinion report be in a federal workers' compensation case? A recent decision, the full text of which is available to Simply Research subscribers, spells it out. Case B.C. […]

  • Dec 06, 2024
  • Frank Ferreri
Expert’s $1,500 Deposition Rate Violates Law, but doesn’t Limit Admissibility of Testimony
Expert’s $1,500 Deposition Rate Violates Law, but doesn’t Limit Admissibility of Testimony

Case File When a claimant tried to use a statutory limit on expert witness fees to keep testimony out of a workers compensation proceeding, he learned that the money charged could go to questions of […]

  • Dec 02, 2024
  • Frank Ferreri
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