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Widow Timely Files Asbestos-Related Occupational Disease Claim

The Ohio Court of Appeals upheld a determination that a widow timely filed her claim for benefits for a worker’s death from an occupational disease caused by his asbestos exposure…




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Worker Not Entitled to Mandamus Relief From Denial of Claim

The Ohio Supreme Court ruled that a worker was not entitled to writ relief compelling the Industrial Commission to order his employer to pay for his medical treatments and pay…




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Worker's Fraud Results in Award Declared Overpayment

An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for…




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Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim

An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its…




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Mediation Process for Comp Claims Not Mandatory

The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,…




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Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred

The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC,…




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Court Upholds Denial of Benefits for Cumulative Trauma Claim

The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,…




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Worker's PTD Claim Sent Back to Judge for Further Findings

The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v.




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Court Remands Worker's PTD Claim for Fourth Time

The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:…




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DLI Rules Would Authorize Max Penalty for Misclassification

The Montana Department of Labor and Industry proposed rules that would add intentional misclassification to the list of violations that justify assessing the maximum penalty. The department will hold a hearing…




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Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim

The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:…




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JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely

A Florida appellate court ruled that a judge erred in failing to find that a worker’s claim for additional benefits was time-barred. Case: American Airlines Group v. Lopez, No. 1D2023-0379, 05/22/2024,…




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CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims

Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first…




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Court Upholds Denial of Worker's Request to Reopen Car Accident Claim

The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,…




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ICA Sets Annual Claims Seminar for August

The Industrial Commission of Arizona is holding its 2024 Claims Seminar Aug. 15-16 in Scottsdale. The seminar will cover topics including an overview of state work comp statutes, the role of…




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Lawmakers Pass Bill Limiting Recovery for Misclassification

Louisiana lawmakers passed a bill that would establish notice requirements for carriers to seek additional premium payments from employers that misclassified their workers and limit how much insurers can recover. Rep.




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Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim

A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro…




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Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague

A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her…




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Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim

The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio…




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Court Upholds Denial of Worker's Claim for PTD

The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly…




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Court Upholds Summary Dismissal of Worker's Defamation Claims Against Employer

The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:…




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Supreme Court Clarifies Statutory Review Process for Comp Cases

The South Carolina Supreme Court seized an opportunity to clarify the statutory review process for workers' compensation cases in addressing an injured correctional officer’s long-pending claim. Gena Cain Davis worked as…




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Commission Sets Claims Administration Workshop

The South Carolina Workers’ Compensation Commission is holding a claims administration workshop on Oct. 4. The Claims Administration Made Easy workshop will examine third-party claims, the various filings that must be…




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Worker Fails to Show Good Cause for Delayed Prosecution of Claims

The Kansas Court of Appeals ruled that a worker failed to show good cause for his delay in prosecuting his claims and that they were therefore properly dismissed after pending for…




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Attorney Has No Duty to Advise Comp Client on Potential Third-Party Claims

The Wisconsin Court of Appeals ruled that the attorney and law firm hired to represent a man on solely his workers’ compensation claim did not have a duty to advise…




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Personalized screening early in pregnancy may improve preeclampsia detection




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Designing Clarity 03 – Did Apple just Disrupt Healthcare?

Did Apple just disrupt Healthcare?  More specifically, Health Tech? I would say Healthcare is one of those industries ripe for innovation disruption.  It is a mature industry lead by large slow-moving organisations, that have been around forever.  They have built their equivalent of the Great...

The post Designing Clarity 03 – Did Apple just Disrupt Healthcare? appeared first on Design Sojourn. Please click above if you cannot see this post.




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How I Reclaimed My Creative Spark (Try these 8 boosters)

Let’s talk about something we’ve all faced – that dreaded creative slump. You know the feeling – ideas just aren’t flowing, everything feels stale, and you’re wondering if you’ve lost your mojo. I’ve been there, and I want to share how I broke through and reclaimed my creative fire. Even better, I’ll give you 8 actionable boosters you can start using today. 1. Master Your Craft (But Don’t Stop There) First things first – there’s no substitute for honing your skills. Whether you’re a photographer, writer, musician, or any other type of creator, dedicating time to improve your technical abilities is crucial. But here’s the kicker – don’t let that be your only focus. Try: Set aside 30 minutes each day to work on a specific aspect of your craft. Maybe it’s lighting techniques, chord progressions, or narrative structure. Track your progress over a month and see how it impacts your overall work. 2. Cross-Train Your Creativity This is a game-changer, folks. Just like athletes cross-train to become more well-rounded, we creators need to flex different creative muscles. If you’re a photographer, try your hand at writing. Musicians, pick up a paintbrush. Try: The 30-Day Creative Cross-Training Challenge Week 1:...

The post How I Reclaimed My Creative Spark (Try these 8 boosters) first appeared on Chase Jarvis.

The post How I Reclaimed My Creative Spark (Try these 8 boosters) appeared first on Chase Jarvis.




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A Digital Nomad’s Guide to Australia on a Subclass 600 Visa

In an era where remote work continues to thrive, the concept of being a digital nomad has gained significant traction. As boundaries blur and opportunities become global, many adventurous souls seek to combine work with travel, exploring new destinations while maintaining their professional endeavours. Australia, with its stunning landscapes, vibrant cities, and thriving economy, often […]

The post A Digital Nomad’s Guide to Australia on a Subclass 600 Visa appeared first on Australian Visa Experts.




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Recreating The Iconic 'Mouse in Manhattan' Scenery From Tom & Jerry Classic Cartoons

Tom and Jerry, the mischievous cat and clever mouse duo, have been captivating audiences for generations with their hilarious antics. As a child, I was capt ...



  • Design Roud-up

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Tips to Keep Recyclables Out of the Landfill

By Beth Porter Other Words How much of what you recycle ends up at the dump? Do you cross the street to put your soda can in the recycling bin or avidly pluck plastics and paper from your neighbor’s trash … Continue reading




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CAMA EA Master Class Series 2

Organizer: Canadian Association of Municipal Administrators
Location: Online




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Large Language Models and the Classics with Barbara Graziosi (Princeton)

Nov 14, 2024, 4pm EST

All are welcome to come to the Fung House (48 Professors Row, Medford) on Thursday, November 14, at 4 p.m. to hear Professor Barbara Graziosi from Princeton University discuss how AI can be used in the reconstruction of ancient texts. This event will be moderated by Gregory Crane, chair of the Tufts Department of Classical Studies.

Graziosi is the Ewing Professor of Greek Language and Literature, and the department chair of the Department of Classics at Princeton University. Her research focuses on ancient Greek literature and the ways in which different readers, through time and across the globe, make it their own.

This event is available in person and on Zoom. All are welcome. Refreshments will be served.

BuildingFung House 48 Professors Row
Campus Location: Medford/Somerville campus
City: Somerville, MA 02144
Campus: Medford/Somerville campus
Open to Public: Yes
Primary Audience(s): Faculty, Postdoctoral Fellows, Staff, Students (Graduate), Students (Postdoctoral)
Event Type: Lecture/Presentation/Seminar/Talk
Subject: Humanities, Innovation
Event Sponsor: School of Arts and Sciences
Event Sponsor Details: Tufts University
Event Contact Name: Amanda Pepper
Event Contact Emailamanada.pepper@tufts.edu
Event Contact Phone: 2037639353
RSVP Information: No RSVP needed
Event Admission: Free
More infohumanities.tufts.edu…



  • 2024/11/14 (Thu)

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Wrongful dismissal claim ends in Superior Court slap-down – Ontario judge tells employer to pay up

Barry Kuretzky discusses a recent Ontario Superior Court decision that punished an employer for trying to intimidate an employee through what the judge determined was a meritless counter claim.

Human Resources Director Canada

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Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

The U.S. Court of Appeals for the Eleventh Circuit has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.




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California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

  • California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the PAGA.
  • Class action manageability requirement cannot be superimposed onto PAGA claims.
  • The Court did not decide whether an employer may strike an unmanageable PAGA claim on the ground that the claim violates an employer’s due process rights.




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DOL's Final Rule on Independent Contractor Classification Likely Is Not the Final Word

Andrea M. Kirshenbaum and Jennifer N. Capozzola dive into the U.S. DOL’s final rule (2024 IC Rule) for analyzing whether a worker should be classified as an employee or independent contractor under the FLSA and the lawsuits and challenges that remain in its path. 

The Legal Intelligencer

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Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human Rights Tribunal




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Supreme Court makes it easier to file workplace discrimination claims

Alyesha Asghar said the Supreme Court’s decision in Muldrow v. St. Louis, which will make it easier for employees to pursue discrimination claims over job transfers, does not mean an end to IE&D.

The Washington Post

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New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019 amendments”).  Since then, litigants in New Jersey have struggled with the effect those amendments have had on their lawsuits.  One of the main points of confusion centered around whether the 2019 amendments applied retroactively to violations prior to August 6, 2019, or whether the changes applied prospectively only.  A significant conflict developed between federal and




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Minimum Salaries and the Evolving Workforce: Why the DOL’s New Automatic Salary Updates Clash With Legal Precedent and Economic Facts

Alexander MacDonald says overtime exemptions are about to get more expensive as the salary necessary to qualify for the FLSA’s “white collar” exemptions will rise in July and again in January 2025.

The Federalist Society




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Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

In Ruiz Mattei v. Commercial Equipment Finance, Inc.,1 the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act2 and the Workplace Discrimination Act3 are transferable to the employee’s heirs following the employee’s death.




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BIPA claim accrual changes signed into law

Orly Henry discusses BIPA reform and applying the law to pending cases.

Chicago Daily Law Bulletin

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Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes, and Clarifies AI Use in Employment Decisions

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases proceeding through state courts and agencies.

Longer Statute of Limitations Period




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Employment Law Class Actions in Nevada

Diana Dickinson and Montgomery Paek write about how employers can protect themselves against employment law class actions and discuss a few issues in Nevada that have sparked significant class action litigation and appellate review.

Clark County Bar Association

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Supreme Court Declines to Hear Appeal in ERISA Class Action Permitting Recalculation of Benefits as Available Relief

The U.S. Supreme Court declined to review the Second Circuit’s decision in Laurent v. PricewaterhouseCoopers LLP, which held that retirees could receive money damages in the form of recalculated benefits in a class action over how the company’s cash balance pension plan calculated lump-sum benefits.




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PBGC Looks To Clarify Withdrawal Liability Methodology

Sarah Bryan Fask explains why attorneys are critical of Pension Benefit Guaranty Corp.’s proposed rule to use interest rate assumptions to determine a withdrawing employer's liability to a multiemployer pension plan.

Law360

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Update in ERISA Litigation Involving Breaches of Fiduciary Duty Claims

  • Several appellate courts over the past year have applied Supreme Court precedent to determine whether complaints properly allege a breach of fiduciary duty under ERISA to warrant relief.
  • Trends useful for employers defending such lawsuits have emerged.

Lawsuits against employers offering retirement benefit plans have been on the rise.  Recent suits, discussed in this update, have provided some guidance for employers. 




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Seventh Circuit Case Confirms that “Full and Fair Review” of Disability Claims Requires Disclosure of New Evidence Before Denying Appeals

A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves as a reminder for plan administrators to review their claims review procedures to ensure compliance with the current requirements for a “full and fair review” benefits appeal process.

The Claims Review Regulations




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Federal Court Dismisses Case Alleging Breach of ERISA Fiduciary Duties in 401(k) Class Action

Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees. A recent federal court decision, however, shows that fiduciaries of ERISA retirement plans may be able to attack and defeat complaints alleging breaches of ERISA fiduciary duties at the pleading stage if the right arguments are made and if certain fact patterns are present.