News & Analysis as of

Workers Compensation Board

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

Maine Workers’ Compensation Alert: Board Revises Fee Schedule and Changes Reimbursement Rules

by PretiFlaherty on

The Maine Workers’ Compensation Board has published a new Medical Fee Rule and made revisions to rules regarding reimbursement and expense payments, effective October 1, 2015. The following are some key changes...more

Maine Workers’ Compensation Alert: Appellate Division Rules on Compensability of Home Renovations

by PretiFlaherty on

Section 206 of the Maine Workers’ Compensation Act provides: “An employee sustaining a personal injury arising out of and in the course of employment . . . is entitled to reasonable and proper medical, surgical and hospital...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Maine Supreme Court Addresses Employee Misclassification and Workers’ Compensation Coverage Requirements

by PretiFlaherty on

In WCB Abuse Investigation Unit v. Nate Holyoke Builders, Inc., 2015 ME 99 (August 4, 2015), a construction company obtained predeterminations of independent contractor status from the WCB for workers classified as...more

2015 Maine Workers’ Compensation Legislation Update

by PretiFlaherty on

Recent legislation passed amends provisions of the Maine Workers’ Compensation Act. The legislation: ..Allows wages on wage statements to be reported in the same manner as wages were paid; ..Changes the title of...more

New Year, New Rules! 2015 Commission Guidelines

by Collins & Lacy, P.C. on

With the new year in full force, some of the Workers’ Compensation Commission guidelines have changed for 2015: - Mileage reimbursement for travel to and from authorized medical treatment has increased to 57.5 cents...more

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