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Reimbursements Workers' Compensation Claim

Marshall Dennehey

Waiting on a Workers' Compensation Lien Reimbursement in New Jersey? You May Have to Wait a Little Longer. Section 40 and the...

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Key Points: The New Jersey workers’ compensation statute and applicable case law protects employers’ worker’s compensation lien rights against an injured worker’s third-party recovery....more

Marshall Dennehey

Appellate Division Vacated and Remanded a Trial Court Order Denying Employer’s Application for Satisfaction of Its Workers’...

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N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024) - In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor. In...more

Weber Gallagher Simpson Stapleton Fires &...

Examining the Boundaries of Medical Payments: Pennsylvania's Supreme Court to Decide on Coverage for Non-Prescription Items for...

The vexing issue of whether insurance carriers, third-party administrators and self-insured employers will be required to pay for a broad array of non-prescription items (for example, over-the-counter medications, dietary...more

Marshall Dennehey

Bureau Directed to Identify and Publish in Pennsylvania Bulletin a Different, Nationally Recognized Schedule for Valuing...

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Federated Insurance Company v. Summit Pharmacy (Bureau of Workers’ Compensation Fee Review Hearing Office); No. 115 C.D. 2023; filed Jan. 2, 2024; President Judge Cohn Jubelirer - A Fee Review Hearing Officer ordered the...more

Marshall Dennehey

Commonwealth Court Holds That an Employer’s Failure to Reimburse a Claimant for Out-of-pocket Payments for CBD Oil is in Violation...

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Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB); No: 1039 C.D. 2021; filed Nov. 14, 2023; Judge Covey - In this case, the claimant, an attorney, sustained a work injury on April 14, 2017, while loading files into a...more

Jackson Lewis P.C.

Pennsylvania Court Holds Employer Must Reimburse Out-of-Pocket Costs For Medical Marijuana

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A Pennsylvania Court held that an employer violated the state Workers’ Compensation Act (WCA) by refusing to reimburse an employee for out-of-pocket medical marijuana expenses related to a workplace injury....more

White and Williams LLP

For PA Employers: Defense Against Medical Marijuana Goes Up in Smoke

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Based on two Commonwealth Court decisions filed on March 17, 2023, medical marijuana is now medical treatment covered by the PA Workers’ Compensation Act (WC Act), and failure to pay is a violation of the Act, with up to 50%...more

Bradley Arant Boult Cummings LLP

Dobbs, Workers' Comp. Brief Hint At Biden's Cannabis Stance

The overturning of Roe v. Wade, combined with a largely unknown workers' compensation case presented to the U.S. Supreme Court — for which certiorari was recently denied — reveal the Biden administration's position on...more

Foley & Lardner LLP

Medical Marijuana, Workers’ Compensation, and the CSA: Hazy Outlook for Employers As States Wrestle With Cannabis Reimbursement as...

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While each state has its own unique workers’ compensation program, workers’ compensation generally requires employers to reimburse the reasonable medical expenses of employees who are injured at work. Depending on the injury,...more

Dunlap Bennett & Ludwig PLLC

Paying For Patients’ Pot? SCOTUS Seeks DOJ Opinion On Medical Cannabis Coverage

On February 22, 2022, the Supreme Court of the United States asked the United States Department of Justice to weigh in on an issue that has divided state courts in recent years: should states with laws requiring insurers and...more

CDF Labor Law LLP

[Webinar] Top 10 Employment Issues for California Employers Dealing with Remote Workers - July 29th, 10:00 am - 11:00 am PT

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COVID-19 ushered in a new paradigm of remote working. Although some companies had already embraced a remote workforce or some semblance of one, this work model is new for many employers. Most employers are still grappling...more

Troutman Pepper

New Jersey: Medical Marijuana Costs Reimbursable in Workers’ Compensation Scenario

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Q: Is medical marijuana an expense reimbursable by the employer?...more

Rivkin Radler LLP

Insurance Update - April 2021

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In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more

Jackson Lewis P.C.

Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation Case

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The New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. LEXIS 332 (N.J. April 13,...more

Chartwell Law

Are We One Step Closer To Realistic Prices For Drugs In Pennsylvania Workers' Compensation Claims?

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In a recent opinion on an important emerging issue, the Commonwealth Court of Pennsylvania has clarified what evidence can be considered in establishing the “Average Wholesale Price” standard for pharmaceuticals in...more

Chartwell Law

2021 PA Workers’ Compensation Average Weekly Wage / Medical Fee Reimbursement Increases Announced

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The Pennsylvania Department of Labor Industry, Bureau of Workers’ Compensation, will post the following announcement in the December 26, 2020 Pennsylvania Bulletin...more

Saul Ewing LLP

Clarity in Massachusetts for Insurers on Medical Marijuana Reimbursement

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On October 27, 2020, the Massachusetts Supreme Judicial Court ruled that insurance companies could not be compelled to reimburse employees for medical marijuana expenses pursuant to the worker’s compensation scheme that...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

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Chartwell Law

Florida Workers' Comp Case Law Update: Taxable vs. Non-Taxable Costs

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In Florida, when the injured employee’s attorney files a verified motion for attorney’s fees and costs seeking reimbursement of costs associated with a previously filed petition for benefits, what costs can the injured...more

Roetzel & Andress

N.J. Court Requires Reimbursement For Marijuana Use As Part Of Workers’ Compensation Case

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In Hager v. M & K Construction, A-0102-18T3 (N.J. App. Div. January 13, 2020) the New Jersey Appellate Division ruled that an employer was required to reimburse its former employee for his marijuana use as part of his...more

Spilman Thomas & Battle, PLLC

When Does Overpayment Actually Occur?

In Reed v. Exel Logistics, Inc., No. 17-0864, 2018 WL 2769041 (W. Va. June 6, 2018), the Supreme Court of Appeals of West Virginia clarified the circumstances necessary for an employer to claim overpayment of temporary total...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 3, September 2018

...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah...more

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