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November 16, 2023

eNotes: Workers’ Compensation – November 2023 – Pennsylvania

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Keffer v. Colfax Corp. (WCAB) Commonwealth Court of Pennsylvania No. 1110 C.D. 2022 Decided: August 11, 2023 An employer is not obligated to notify a claimant of the date upon which the three-year statute of repose will expire. Background The Claimant sustained a work

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eNotes: Workers’ Compensation – November 2023 – Maryland

SIGNIFICANT CASE SUMMARIES Maryland Case Summary In the Matter of Angela Scott Appellate Court of Maryland- Unreported Number 1042, September Term 2022 Decided: October 3, 2023 Background The Claimant filed issues for permanent partial and permanent total disability as a result of a compensable injury. Following a hearing, the WCC

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eNotes: Workers’ Compensation – November 2023 – New Jersey

SIGNIFICANT CASE SUMMARIES New Jersey Case Summary Pozadas v. Capital Iron Associates, LLC. Superior Court of New Jersey No. A-0162-22 Decided: October 30, 2023 Courts strictly decide coverage issues under N.J.S.A. 34:15-81, and an accident may be compensable where a petitioner deviates from a job route on an out-of-state motorcycle

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eNotes: Workers’ Compensation – November 2023 – Washington, DC

SIGNIFICANT CASE SUMMARIES Washington, DC Case Summary Stuart Anderson v. Pro Football Inc. et al. DC Compensation Review Board No. 20-000024 Decided: October 12, 2023 Applying the manifestation rule, the Claimant’s claim was barred by one year limitations, and limitations were not tolled because the Employer had no notice of

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eNotes: Workers’ Compensation – November 2023 – Virginia

SIGNIFICANT CASE SUMMARIES Virginia Case Summary En & Sh Props. v. Gristo Virginia Court of Appeals 2023 Va. App. LEXIS 716 Decided: October 24, 2023 Claim was not barred for employee misconduct for violation of a safety rule because the Employer failed to meet its burden of proving the existence

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eNotes: Workers’ Compensation – November 2023 – West Virginia

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Hood v. Lincare Holdings, Inc. Supreme Court of Appeals of West Virginia September 2023 term, No. 21-0754 Decided: November 9, 2023 The factfinder (Board of Review) has discretion to use the increased-risk test when deciding whether an employee sustained a compensable injury while

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