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Linda Wagner Farrell

Portrait of Linda Wagner Farrell

Linda practices exclusively in the area of workers' compensation defense. As an advocate for her clients, Linda not only defends insurance carriers and self-insured employers in workers’ compensation matters, but also provides guidance for implementing effective risk management strategies and workers’ compensation programs with an eye toward cost efficiency. When businesses are audited by the State for workers' compensation coverage compliance or subject to stop-work orders, Linda partners with them to develop a strategic defense approach. She also assists clients with premium disputes and some employment matters, and also represents uninsured employers with regard to workers' compensation claims.

Linda is an active instructor who lectures on various issues involving workers' compensation. She has lectured on behalf of the Workers' Compensation Section of The Jacksonville Bar Association, Lorman Education Services and AAA Construction School. She is also a Certified Instructor of Insurance Education, State of Florida, and often presents seminars to clients. Linda also speaks regularly for the Workers’ Compensation Claims Professionals organization.

Prior to joining Marshall Dennehey, Linda was the workers' compensation practice group leader at one of the leading defense firms in the southeast. Linda has been awarded an AV® Preeminent™ rating by Martindale-Hubbell, the highest rating for professional competence.  

Linda is a native of Jacksonville. Before entering law school, she worked as a business consultant for a national management company.

    • Florida Coastal School of Law (J.D., 2002)
    • University of North Florida (B.A., 1997)
    • Florida, 2002
    • U.S. District Court Middle District of Florida, 2007
    • The Best Lawyers in America©, Workers' Compensation Law - Employers (2027)
    • AV® Preeminent™ by Martindale-Hubbell®
    • Florida Super Lawyers Rising Star (2011, 2013-2014)
    • Florida Trend Magazine "Legal Elite Up and Coming" (2007-2008)
    • Jacksonville Women Lawyers Association, Woman of the Year (2008)
    • 904 Magazine “Legal Eagle,” Workers’ Compensation (December 2011)
    • American Bar Association
    • E. Robert Williams Inn of Court, Barrister, 2009 to present
    • First Coast Manufacturers Association, Workforce Development Committee
    • Florida Bar
    • Friends of 440 Scholarship Fund, Co-Chair, 2007-2008; Executive Board Member, 2007-2008
    • Jacksonville Bar Association, Workers’ Compensation Section, Co-chair, 2007-2008
    • Jacksonville Women Lawyers Association, Vice President, 2004-2005
    • Phi Alpha Delta Legal Fraternity
    • Workers’ Compensation Claims Professionals
    • Florida's New Rules of Civil Procedure and Impact on Workers' Compensation Claims, The Florida Bar Workers' Compensation Section webinar, September 10, 2025
    • Panelist, Florida Office of Judges of Compensation Claims' OJCC Work Comp Academy, October 18, 2024
    • Medical Marijuana – Workers’ Compensation, 2024 Northeast Florida Disability Management Forum, October 4, 2024
    • Motions to Dismiss and Motions for Summary Final Order, webinar, Florida Bar Workers' Compensation Section, May 8, 2024
    • Work Comp Academy 2023 – The Next Generation, The Office of Judges of Compensation Claims, faculty member, May 19, 2023
    • A State-By-State Guide to Avoiding Attorneys' Fees and Sanctions, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • Workers' Compensation Law and Ethics Update, Marshall Dennehey webinar, May 13, 2022
    • Pre-Existing Conditions, Major Contributing Cause and Apportionment, Marshall Dennehey webinar, December 3, 2020
    • Pre-Existing Conditions, Major Contributing Cause and Apportionment, Marshall Dennehey webinar, November 5, 2020
    • Opioids...The Not So New Epidemic, Workers' Compensation Claims Professionals Annual Claims & Leadership Conferece, June 10, 2019  
    • Opioids in Workers’ Compensation, Florida Bar Workers' Compensation Forum, April 12, 2019
    • Opioids…The not so New Epidemic, Workers' Compensation Claims Professionals Holiday Conference, December 13, 2018
    • Top 5 Challenges Relative to Workers' Compensation Claims, Property and Casualty Claims and For Mediators, FCCI Educational Conference, October 2018
    • Medical Marijuana in Workers’ Compensation, 2018 Florida Bar Workers' Compensation Forum, April 13, 2018
    • “Ex Parte Doctor Conferences Cannot Suggest, Direct or Instruct What Treatment or Care to Recommend,” Defense Digest, Vol. 25, No. 1, March 2019
    • Case Law Alerts, contributor, April 2018-present
    • What's Hot in Workers' Comp, contributor, March 2018-present
    • “Florida OIR Orders Larger Workers’ Comp Rate Cut of 6.6%,” AM Best BestWire, November 10, 2020
    • Obtained a defense verdict in a Final Compensation Order involving multiple Petitions filed by a pro se claimant for compensability of contact dermatitis and concrete burns allegedly sustained while working. The Judge ruled in favor of the employer/carrier on all Petitions finding compensability was previously resolved and the ongoing issues were moot.
    • Successfully defended a Petition for permanent total disability benefits, supplemental benefits and penalties, interest, costs and attorneys fees. The Judge entered a Final Compensation Order finding the claimant was not permanently and totally disabled despite a substantial, but not exhaustive, job search.

Results

Exceptional Advocacy Leads to Indemnification Win

We were successful in having a motion for indemnification granted. Our client’s subcontractor did not secure workers’ compensation coverage as required by the statute. Therefore, our client—the contractor—became the statutory employer and accepted the claim as compensable, providing medical and indemnity benefits and reaching a settlement compromise with the injured worker. We filed a motion for indemnification, requesting that the subcontractor be ordered to reimburse our client for all monies paid on the claim. After an evidentiary hearing was held, where we presented evidence and called the vice president of claims to testify, the judge of compensation claims granted our motion.

Successfully Contested Claimant’s Request for Authorization for a Van with a Wheelchair Lift, Arguing Its Medical Necessity

We successfully contested a claimant’s request for authorization for a van equipped with a wheelchair lift, arguing it was not a medical necessity following a work-related injury. Testimony revealed the claimant’s significant mobility challenges were due to a work-related traumatic brain injury and spastic hemiplegia. However, the employer/carrier contested the request, asserting it was neither reasonable nor medically necessary based on the authorized treating physician’s assessment. Ultimately, the judge of compensation claims found the claimant did not meet the burden of proof to establish the necessity of the van, siding with the employer/carrier’s argument, and denied the authorization request along with the claims for attorney’s fees and costs.

Thought Leadership

What's Hot in Workers' Comp

Judge of Compensation Claims abused his discretion in denying a motion to continue a final hearing when the reasoning behind the request was out of the appellant’s control.

January 1, 2025

The claimant, a cashier, was shocked while plugging in a register at work. She later developed neurofibromatosis that lead to surgery. The neurosurgeon, Dr. Levi, performed surgery and indicated the claimant’s condition was not work-related.  The claimant filed a petition for benefits, which the employer/carrier denied, citing major contributing cause based on Dr. Levi’s opinion. Dr. Levi also signed a letter reiterating his opinion that the claimant’s diagnosis and treatment were not work-related.  However, in his deposition, Dr. Levi completely reversed his opinion, forcing the employer/carrier to immediately find an IME expert. Three weeks after this deposition, the employer/carrier filed a motion to continue the final hearing in order to allow time for the IME. In doing so, they explained, they had a doctor lined up, but he was then declined because of a relationship to Dr. Levi. The employer/carrier also asserted they had made contact with five other physicians.  The judge of compensation claims denied the motion. The final hearing took place, where the judge accepted the uncontroverted opinion of Dr. Levi and found the accident was the major contributing cause of the claimant’s condition.  Section 440.25(4)(b), Fla. Stat., provides that the judge has wide discretion in this regard, but it also limits that discretion to instances where the circumstances necessitating the request are beyond the requesting party’s control.  The First District Court of Appeal held that the facts were entirely reasonable to approve a motion for continuance. The employer/carrier only became aware of the need for an IME five weeks before the final hearing. They worked diligently to obtain an IME but were deprived of the right to an IME as statutorily entitled.  The Appellate Court held the judge of compensation claims abused his discretion, reversed the denial of the motion and vacated the lower court’s order awarding benefits.    What’s Hot in Workers’ Comp, Vol. 29, No. 1, January 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

What's Hot in Workers' Comp

TOP 10 DEVELOPMENTS IN FLORIDA WORKERS’ COMPENSATION IN 2024

December 1, 2024

1.    As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, Fla. 1st DCA, DCA#: 21-3530 The claimant, a firefighter, tested positive for COVID-19 and within a month suffered a heart attack. Three months prior, in a routine cardiology visit, he had been cleared and had no issues. After the heart attack, his condition deteriorated, and he ultimately required a heart transplant. The judge of compensation claims ruled COVID-19 caused the heart issues. Then the judge found the claimant contracted the virus at work, based on the timeline of his co-worker’s diagnosis of COVID-19, while his close contacts never developed symptoms or tested positive. The First District Court of Appeals affirmed the judge’s ruling, finding it was supported by competent substantial evidence. 2.    Claimant counsel’s appeal of order denying statutory fee on settlement was overturned and held to be reasonable. Rudolph v. Darien Smith, The Home Depot U.S.A., Inc. and Liberty Mutual Ins. Co., Fla. 1st DCA, DCA#: 22-1627 The claimant settled the medical portion of a complex case, stemming from a 1993 date of accident, with his sixth attorney (Mr. Rudolph) for $13.5 million. They petitioned the judge to award attorney’s fees for all six attorneys for a total of $1,330,000, which is $695,750 lower than the statutory guideline amount at 9.85%, and accounted for 5.9% of the overall settlement. Out of that amount, Mr. Rudolph resolved the liens of all prior counsel. The judge reduced Mr. Rudolph’s fee from $805,000 to $123,000. The First District Court of Appeal reversed, saying the judge erred by being hyper-focused on converting the fee to determine an hourly rate. 3.    The 120-day rule does not apply if the employer/carrier only accepted compensability and provided treatment for a temporary exacerbation. Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027 The employer/carrier accepted compensability of an exacerbation of a knee injury. The claimant asserted the employer/carrier failed to issue a 120-day letter and to deny her request within 120 days. The judge of compensation claims stated a correct analysis of this issue requires three findings: (1) the date the employer/carrier first provided benefits for the claimant’s condition, (2) the identity of the specific injury for which benefits were provided, and (3) whether the employer/carrier timely denied compensability of the injury for which it provided benefits. The judge held that the 120-day rule did not apply to the pre-existing knee degenerative joint disease because the employer/carrier never provided any medical treatment, other than for the temporary exacerbation. The claimant appealed, and the First District Court of Appeal affirmed without a written opinion. 4.    Notice requirement is not fulfilled by reporting an injury via Petition for Benefits within 30 days of alleged accident. Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., Fla. 1st DCA, DCA# 22-4145 The claimant, a senior claims adjuster, alleged a bike injury during work but admitted he did not report the accident to his employer. A petition was later filed. The claimant argued that notice was timely because the petition was filed within 30 days of the subject and alleged date of accident. However, the judge of compensation claims pointed out that section 440.185 1(d), Florida Statutes (2021) states: “Documents prepared by counsel in connection with litigation, including but not limited to notices of appearance, petitions, motions, or complaints, shall not constitute notice for purposes of this section.” The claimant testified he did not give notice to his employer of this alleged accident. The petition, pursuant to statute, does not serve to fulfill the notice requirement. The judge also denied the petition based on misrepresentation due to inconsistencies in the claimant’s testimony. The claimant appealed, and the First District Court of Appeal affirmed without a written opinion. 5.    A judge of compensation claims must be specific when awarding non-professional attendant care to a family member. Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, Fla. 1st DCA, DCA#: 22-1485 The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claims ordered the employer/carrier to pay him for 30 hours per week at the federal minimum wage. The judge made a generalized finding that services, “such as carrying her upstairs for her bathe, qualifies as attendant care under Florida Law.” The judge did not specify which “services” provided by the husband qualify for compensation, and the employer/carrier argued that some services do not qualify. The First District Court of Appeal agreed with the employer/carrier in this regard and found that the judge erred in its award for non-professional attendant care. The judge could not award compensation for the husband under 440.13(1)(b), Fla. Stat. (2020), “that falls within the scope of household duties and other services normally and gratuitously provided by family members.”  6.    Pending petition for fees and costs does not toll statute of limitations, nor does payment of attorney’s fees and/or costs, as these petitions are pending and relate to jurisdiction only.  American Airlines Group; American Airlines and Sedgwick CMS v. Alejandro Lopez, Fla. 1st DCA, DCA#: 23-0379 The employer/carrier asserted a statute of limitations defense in response to a petition filed. The First District Court of Appeal held that the judge of compensation claims erred in presuming that reserving jurisdiction on a pending petition for benefits for attorney’s fees tolls the statute of limitations. Once that issue is resolved, the pending status is effectively extinguished. The judge also erred by disregarding the plain language of the statute. “Pending” status of a petition for benefits is an element of jurisdiction, while “tolling” is a separate legal doctrine that delays the time limits for pursuing a claim. The payment of attorney’s fees and costs is not a “benefit.” To hold same would add another tolling event to the statute outside of the two contained in section 440.19(2); “payment of any indemnity benefits or the furnishing of remedial treatment, care or attendance.” 7.    Judge of compensation claims abused his discretion in rejecting the terms of the employment contract as it expressly stated the claimant would receive his salary only during the five-month championship playing season. Detroit Tigers, Inc. and Sedgwick CMS v. Austin Sodders, Fla. 1st DCA, DCA#: 23-0827 A dispute arose over the claimant’s average weekly wage when his claim involved a contract over a five-month period. All agreed that the judge of compensation claims was to determine the average weekly wage under section 440.14(1)(d), the so-called catch-all provision, which states: “If any of the foregoing methods cannot reasonably and fairly be applied, the full-time weekly wages of the injured employee shall be used.” The First District Court of Appeal held the judge abused his discretion when rejecting the terms of the contract. There was no competent, substantial evidence to support that the claimant would have been paid $1,500 per month over 12 months. The contract expressly provided he would receive his salary only during the five-month championship playing season. The case was reversed and remanded. 8.    Essential hypertension without evidence of disability did not meet presumption of compensability under Heart/Lung Bill, Fla. Stat. 112.18(1).  Cloris Vazquez v. City of Miami Beach and Corvel Corporation, OJCC# 22-015627 The claimant, a police officer, had elevated blood pressure. He was treated at a hospital and had further work-up, which caused him to miss work. The judge of compensation claims was not persuaded by any of the arguments offered by the claimant and afforded the expert medical advisor’s opinions the presumption of correctness. The judge held the evidence was insufficient to establish the claimant suffered disability as a result of his diagnosed essential hypertension and that the presumption of compensability under the Heart/Lung Bill did not apply. Further, the judge ruled the remaining medical evidence did not establish a causal relationship of hypertension to his work activity; therefore, compensability was denied. The claimant appealed, and the First District Court of Appeal affirmed the decision per curiam. 9.    An order imposing sanctions on the claimant’s attorney highlights the non-frivolous litigation and ‘good faith’ limitations imposed on the statutory right to file petitions for benefits. Willie Arrington v. Advanced Disposal – West Palm Beach/ Gallagher Bassett Services, Inc., OJCC # 21-013075 While not a District Court opinion, this judge of compensation claims’ order addresses an ever-increasing source of frustration: the filing and maintaining of petitions for benefits without good faith efforts to either resolve disputes before filing or to dismiss petitions once the disputes are resolved. In this case, the claimant filed five petitions for benefits within twelve weeks. The employer/carrier filed a motion for sanctions, arguing that either the benefits requested had already been provided before the petitions were filed or that they were timely provided and that the petitions were frivolously maintained thereafter. The judge of compensation claims found the single e-mail, sent after business hours the day before filing the petition during business hours, “does not constitute a good faith effort to resolve the matter.” He further found that claimant’s counsel frivolously maintained the petition well after the carrier provided the requested benefits.  10.    Sufficient compliance with the Florida Drug-Free Work Place policy rules by employers and medical review officers is not enough.  Louis Gonzalez Chanza v. Orlando World Center Marriott and Marriott International, Inc. and Self-Insured, OJCC # 22-013883 Once again, sufficient compliance with Florida’s Drug-Free Work Place (DFWP) rules by employers and medical review officers is not enough. This case also highlights the disconnect between Florida’s Workers’ Compensation Act and the laws permitting medical marijuana. The judge ruled that the employer did not fully comply with all of the DFWP requirements under section 440.102 because it did not contain a representative sampling of the name, address and phone numbers of local drug rehab programs. Further, the policy did not comply with the portion that required positive confirmation of the test result to the employee in writing. Dr. Portnoy placed the review on “medical hold,” pending receipt of the medical marijuana card and when not received, reported the positive drug test. Therefore, the judge held that the DFWP presumption did not take place and the employer/carrier failed to show that intoxication caused the injury. The First District Court of Appeal affirmed without a written opinion.    What’s Hot in Workers’ Comp, Vol. 28, No. 12, December 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.  

Firm Highlights

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.