David H. Berry, P.C. - Untitled 2

Statutory Defense of Wilful Misconduct

Approximately one-third of the states include the defense of "wilful misconduct" in their respective workers' compensation statutes. Under this defense, employers' will claim that the employee is ineligible to receive, or is only entitled to a...

Longshore and Harbor Workers' Compensation Act

The Longshore and Harbor Workers' Compensation Act is a federal law that provides medical, disability, and death benefits for longshoremen, harbor workers, and other marine employees who are injured or killed in the course of...

Standard of Conduct for Representatives of Social Security Claimants

Those individuals undertaking to represent a social security claimant, whether an attorney or a non-attorney, must adhere to a certain standard of conduct. In particular, representatives appearing on behalf of a claimant before the Social...

Off-Premises Injuries While Traveling to and From Work

Normally, if an employee is injured while traveling to or from work, such injury is not compensable unless the injury occurred on the employer's premises. However, when the travel itself is a major component of the services provided by the...

Evidence in Workers' Compensation Administrative Proceedings

Workers' compensation administrative proceedings are considered less formal than their judicial counterparts, due in large part to the treatment of evidence. Though the procedural aspects are more relaxed than in a judicial proceeding, the...