News & Analysis as of

Workers Compensation Board

Winter Is Coming: Paid Family Leave Arrives in New York State

While New York State’s Paid Family Leave Benefits Law (the PFL) becomes effective as we ring in the new year on Jan. 1, 2018, employers should spend the remainder of 2017 scrambling to determine how to minimize its disruptive...more

New York Paid Family Leave Law Contributions Have Started, While Proposed Regulations Are Revised

The Paid Family Leave Act will provide, when fully implemented, employees in the state of New York with up to 12 weeks of job-protected paid family leave to (1) care for a family member (including a child, parent,...more

New York Paid Family Leave Final Regulations Still Awaited As Proposed July 1 Date to Begin Deductions Arrives

As we have previously reported, on May 24, 2017, the New York Workers Compensation Board issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). While the public comment...more

IREs Held as Unconstitutional in Workers’ Compensation Cases

by Barley Snyder on

The Pennsylvania Supreme Court last week drastically altered the landscape for workers’ compensation carriers and created future uncertainties when it struck down aspects of the Workers’ Compensation Act....more

New York Issues Updated Regulations to Paid Family Leave Benefits Law

by Epstein Becker & Green on

On May 24, 2017, the New York State Workers’ Compensation Board (“WCB”) published updated regulations (“Updated Regulations”) to the New York Paid Family Leave Benefits Law (“PFLBL”), which, as we previously reported, becomes...more

Revisions to Proposed Regulations for New York State Paid Family Leave Law Issued

The New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”)....more

Maine WC Board Appellate Division Rules on § 312 Medical Findings

by PretiFlaherty on

In Dunn-Morrell v. Viking Motors, Mr. WCB App. Div. 17-17 (April 19, 2017), the Employee was granted protection of the Act in 2007 for a May 8, 2003, low back and right shoulder injury. She was awarded ongoing total...more

WC Board Appellate Division Revisits Refusal of Suitable Work in the Context of Ongoing Employment

by PretiFlaherty on

In Shaw v. Cumberland County Sheriff’s Department, Me. WCB App. Div. 17-14 (March 22, 2017), Shaw appealed from a decision granting her Petition for Award, awarding total incapacity benefits for two closed-end periods, but...more

New Regulations Proposed for New York’s Paid Family Leave Benefits Law

by Epstein Becker & Green on

On February 22, 2017, the New York State Workers’ Compensation Board published proposed regulations (“Proposed Regulations”) to implement the New York Paid Family Leave Benefits Law (“PFLBL”), which goes into effect on...more

New York Paid Family Leave Proposed Regulations Filed

The New York State Workers’ Compensation Board is out with proposed regulations providing guidance to employers, insurance carriers and employees regarding their rights and responsibilities under New York’s new Paid Family...more

New York Proposes Regulations on State Paid Family Leave Law

As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, and will require virtually all private employers in New York to provide paid family leave benefits to eligible...more

Proposed Regulations Issued for New York State Paid Family Leave Law

The New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018....more

Maine Workers’ Comp Board Revises Fee Schedule

by PretiFlaherty on

The Board has completed the annual update of its Medical Fee Schedule. Appendix II (professional fees) and Appendix IV (outpatient facility fees) have been updated in accordance with Title 39-A M.R.S.A. Section 209-A for...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Maine WC Alert: WC Board Appellate Division Rules on Medical Marijuana Reimbursement

by PretiFlaherty on

The Workers’ Compensation Board Appellate Division recently issued decisions in Bourgoin v. Twin Rivers Paper Company, WCB App. Div. No. 16-26 (August 23, 2016) and Noll v. Lepage Bakeries, Inc., WCB App. Div. No. 16-25...more

Commission Announces Change to Informal Conference Process

by Collins & Lacy, P.C. on

The South Carolina Workers’ Compensation Commission has recently announced a change to the Informal Conference process. Effective immediately, all settlements that are reached at Informal Conferences must be approved by one...more

Franchisor to Be Considered Statutory Employer? PA Supreme Court to Decide

by Pepper Hamilton LLP on

The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so,...more

Wisconsin Court of Appeals Rejects Labor and Industry Review Commission's Worker's Compensation Determination as Unreasonable

by Ruder Ware on

Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time. In an unpublished...more

Maine Workers’ Compensation Board Appellate Division Rules on Application of Rule 1.1

by PretiFlaherty on

In Nickerson v. Paul’s Marina, App. Div. Dec. No. 16-17, the employee was struck in the head with a beam on May 4, 2010. He reported the injury to a representative of the employer on May 7, 2010. Paul’s Marina contacted its...more

Maine WC Board Appellate Division Addresses Several Cases Dealing with the Application of the “Retirement Presumption”

by PretiFlaherty on

Under the “retirement presumption” (Section 223 of the Act), an employee who terminates active employment and is receiving nondisability pension or retirement benefits is presumed not to have a loss of earnings as the result...more

California Division of Workers’ Compensation Takes Action Against TPAs and Will Increase Audits of TPAs in 2016

by Polsinelli on

The Audit and Enforcement Unit of the California Division of Workers’ Compensation (DWC) issued a press release recently indicating it will be conducting more target audits in 2016 to address utilization review (UR)...more

Maine Workers’ Compensation Board Rules on Compensability of Medical Marijuana; Appellate Division to Ultimately Rule on the Issue...

by PretiFlaherty on

In December 2015 the Workers’ Compensation Board Appellate Division heard oral argument in Bourgoin v. Twin Rivers Paper Company, WCB No. 89-01-36-55 (March 16, 2015), a case in which the ALJ found the cost of medical...more

Maine Workers’ Compensation Board Appellate Division to Rule on Compensability of Medical Marijuana

by PretiFlaherty on

In December 2015 the Workers’ Compensation Board Appellate Division will hear oral argument in Bourgoin v. Twin Rivers Paper Company, WCB No. 89-01-36-55 (March 16, 2015), a case in which the WCB found the cost of medical...more

Maine Workers’ Compensation Alert: Maine WCB Appellate Board Rules Vocational Rehabilitation Presumption is Rebuttable

by PretiFlaherty on

In Axelsen v. Interstate Brands Corp., App. Div. Dec. No. 15-27 (October 22, 2015) the Workers’ Compensation Board Appellate Division found the presumption in section 217 of the Workers’ Compensation Act is rebuttable....more

Court Crushes Constitutional Challenge To Independent Medical Review

In Frances Stevens v. Workers’ Compensation Appeals Board, Outspoken Enterprises, Case: A143043 1st District, Division 1, the California Court of Appeal upheld the constitutionality of California Labor Code Section 4610.6...more

34 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.