News & Analysis as of

Health Care Providers Workers' Compensation Claim

Marshall Dennehey

Delaware Supreme Court Affirms the Decisions of the IAB and Superior Court, Holding That an Employer Correctly Paid for Ketamine...

Marshall Dennehey on

Taylor v. State of Delaware, 2024 WL 1209292 (Del. Super. Mar. 21, 2024) - Ms. Taylor injured her right wrist in 2016 while working as a teacher for the State. Her injury eventually developed into complex regional pain...more

Goldberg Segalla

New Jersey Passes Law to Increase Medical Expert Fee to Maximum of $1,000

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Key Takeaways - Effective immediately, the maximum allowable evaluating physician fee under the New Jersey Workers’ Compensation Act has increased from $600 to $1,000 The statute leaves the medical expert fee within...more

Cranfill Sumner LLP

[Virtual] 2022 Legal Summit: Legal Trends in the Workplace and Case Law Updates - October 20th, 8:30 am - 3:30 pm EST

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Cranfill Sumner LLP’s 2022 Legal Summit: Legal Trends in the Workplace and Case Law Updates is a virtual day of learning for insurance adjusters, attorneys, and HR professionals who are particularly interested in North...more

Stevens & Lee

Physician Reporting Obligations: Navigating Workers’ Compensation and HIPAA in PA

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Health care providers can feel pulled in different directions trying to balance the requirements of state laws to disclose patient information with the privacy protections of HIPAA. For example, state workers’ compensation...more

Arnall Golden Gregory LLP

Analysis of Recent OIG Advisory Opinion on Employment of Excluded Individuals

The Department of Health and Human Services, Office of Inspector General (OIG) recently released a favorable advisory opinion, OIG Advisory Opinion No. 22-11 (the “Opinion”), analyzing the proposed employment of an individual...more

Spilman Thomas & Battle, PLLC

West Virginia Insurance Commissioner Dodrill Issues Bulletin Impacting Common Practice of "Independent" Medical Examinations in...

Commissioner Dodrill's latest Bulletin is a significant change to common practice for carriers, claims adjusters, and attorneys. West Virginia Insurance Bulletin No. 21-03 interprets W. Va. Code §23-4-8(a) and the physical...more

Chartwell Law

Recent Pennsylvania Supreme Court Ruling Impacts Medical Cost Containment in Workers’ Compensation

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On September 1, 2020, the Pennsylvania Supreme Court granted allocatur in the case of Keystone Rx LLC v. Bureau of Workers’ Comp. Fee Review Hearing Office. In its Per Curiam Order, the Pennsylvania Supreme Court granted...more

MoFo Employment Law Commentary (ELC)

Another Round Of New California Employment Laws

With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers,...more

Chartwell Law

The Future of COVID-19 Litigation in Pennsylvania Workers' Compensation

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It is becoming increasingly clear that the future of COVID-19 litigation will be fought over presumption laws. In a typical workers’ compensation case, the claimant bears the burden of demonstrating a causal relationship...more

Chartwell Law

Appellate Court Concludes that New Jersey Medical Providers Cannot Bring Claim Before New Jersey Workers' Compensation Court for...

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One of the most contentious areas of New Jersey Workers’ Compensation today is where a medical provider seeks reimbursement of payments in connection with claims where patients’ treat in New Jersey but otherwise has no...more

Akin Gump Strauss Hauer & Feld LLP

New California COVID-19 Employment Laws Require Attention

- California has implemented a broad supplemental sick leave law requiring employers with 500 or more employees (and health care employers with fewer than 500 employees) to provide their California workers with up to 80 hours...more

Chartwell Law

First District Court of Appeal Seeks Direction from Florida Supreme Court on Timely Provision of One-Time Change Physician

Chartwell Law on

On May 29, 2020, the First District Court of Appeal issued an opinion in the case of City of Bartow v. Flores regarding Florida’s one-time change provision and certified a question of great public importance to the Florida...more

Morrison & Foerster LLP

The SAFE TO WORK Act: An In-Depth Guide For Employers To The Senate's Proposed Coronavirus Liability Shield

On July 27, 2020, Senate Republicans introduced the HEALS Act, its response to the Democrat-backed stimulus bill, the HEROES Act. Although the HEALS Act is currently on life support in light of the stalemate in negotiations...more

Roetzel & Andress

Illinois Workers’ Compensation Commission Repeals Emergency Rule

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On Monday, April 27, 2020, the Illinois Workers’ Compensation Commission repealed the Emergency Rule they adopted on April 16th that shifted the burden of proof onto employers of health care providers, first responders and...more

Chartwell Law

VIDEO: What is the Impact of COVID-19 on New Jersey Workers' Compensation?

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With the quick spread of COVID-19, many New Jersey employers are questioning the impact of the virus on the state’s workers’ compensation system. Specifically, is the virus a compensable illness that arises out of and in the...more

Cranfill Sumner LLP

NC Workers' Compensation Claims & Healthcare Workers

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As to COVID-19, are potential claims for front-line healthcare workers compensable? Specifically, for those working in Emergency Rooms or having face-to-face interactions with patients, how is the medical causation analysis...more

Tucker Arensberg, P.C.

Workers’ Compensation Claims for Healthcare Professionals Exposed to COVID-19 in PA – Update

Tucker Arensberg, P.C. on

Just a few short weeks ago, the Center for Disease Control’s Director of the National Center for Immunization and Respiratory Diseases warned that the spread of coronavirus in the U.S. was “not a question of if, but when.” As...more

Chartwell Law

New Jersey Medical Provider Claims for Out-Of-State Injuries

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There is a significant trend with medical providers in New Jersey bringing claims for reimbursement of their treatment, before the New Jersey Workers’ Compensation Division for cases involving out of state injuries....more

Chartwell Law

Causally Related Denial of Medical Bills May Not Be An Option In Pennsylvania

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Thinking of denying a medical bill in a Pennsylvania Workers’ Compensation claim for not being “causally related”? Better think twice. A new ruling from the Commonwealth Court of Pennsylvania suggests that denying a medical...more

Akerman LLP - Health Law Rx

Direct Patient Billing Can Create Provider Liability in Florida

To bill or not to bill, that is the question. Or, more appropriately, who to bill and when to bill, that is the question. Providers who bill patients under the circumstances described below may face liability. ...more

Seyfarth Shaw LLP

Health Care Employers Face Workplace Safety Challenges from Virulent New Multidrug-Resistant Fungus

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Seyfarth Synopsis: Health care providers are increasingly called upon to address drug resistant medical cases such as Candida auris (C. auris), an emerging multidrug-resistant fungus that presents a serious health threat to...more

Chartwell Law

Post-Protz Trauma: As Trauma Centers Proliferate in Pennsylvania, the Expensive Exception to Medical Fee Caps May Be Poised for a...

Chartwell Law on

In the face of ever-increasing scrutiny and falling reimbursement rates, some healthcare providers are beginning to target areas of medicine where limitations on billing are less strictly controlled. Cue the growing trend...more

Downs Rachlin Martin PLLC

News from the Vermont Statehouse An - Analysis from DRM’s Government & Public Affairs Team - March 2017 #2

The House Ways and Means Committee is considering a proposal from the Vermont Department of Taxes to reduce the amount of use tax a person can pay without providing records to prove his or her tax liability. The rate would...more

Butler Weihmuller Katz Craig LLP

New Medicare Conditional Payment Case: Federal Court Requires CMS To Perform Surgery On Its Primary Plan Reimbursement Demands

Doctors often treat Medicare beneficiaries for accident related injuries (for which a “primary” auto or workers’ compensation carrier must reimburse Medicare) and unrelated maladies at the same visit. Billing for the visit...more

Tucker Arensberg, P.C.

House Bill 1800 – Ripple Effects on Medical Care for Injured Workers

Tucker Arensberg, P.C. on

While it seems the members of our state legislature have been busy doing nothing but arguing about the budget for the past year – one young state rep has proposed a bill that may have a positive effect on employers seeking...more

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