Workers' Compensation Claim

News & Analysis as of

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

Workers’ Comp Board Appellate Division Addresses Various Issues Relative to Occupational Disease Cases

The widow and estate of the decedent appealed a decision denying a Petition to Order Payment under Rule 1.1 in an occupational disease case. Rule 1.1 requires that, within 14 days of notice or knowledge of a claim to...more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Chicago Professional Sports Teams Seek Workers’ Compensation Reform

The Chicago Bears, Blackhawks, Bulls, Cubs and White Sox have written a letter to a state representative in a show of support for a new bill that could detrimentally affect the workers’ compensation claims of injured...more

February 2017 Independent Contractor Misclassification and Compliance News Update

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

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

Common Causes of Workers’ Compensation Denials

Despite meritorious claims, workers are denied benefits through workers’ compensation every day. Employers and their insurance carriers have a vested interest in denying as many claims as possible to avoid having to pay large...more

All About the Experts: Rebutting the Parsons Presumption

The Thornton decision is guided by the Parsons presumption, which holds that when additional medical treatment for a compensable injury is required, a rebuttable presumption arises in favor of the claimant that the treatment...more

Important Notice For Initial Claim Denial/Acceptance

The initial report of a possible work injury must be handled carefully by the employer and/or its insurance carrier in order to avoid a scenario where an “accepted” claim should have been “denied” and vice versa. For decades,...more

When Does Permissible Communication Become Impermissible Information In AME Contacts?

On January 23, 2017, the Workers’ Compensation Appeals Board issued its first en banc decision since April 2016. In Bradley Maxham v. California Department of Corrections and Rehabilitation, ADJ3540065, the Board clarifies...more

Refusal to Submit to Drug Testing Requires Evidence of Intent, in Kansas Workers’ Compensation Case

An appellate court in Kansas ruled that an insufficient urine specimen, without evidence of intent to thwart the drug test, is not a refusal to submit to a test for purposes of the Workers’ Compensation Act. Byers v. Acme...more

Puerto Rico Approves Major Reform of its Employment Laws

On January 26, 2017, the Governor of Puerto Rico approved the Labor Transformation and Flexibility Act (“the Act"). The Act makes substantial changes to virtually all existing Puerto Rico employment laws, including those...more

Some Workers Compensation Principles That Are Often Misunderstood

A recent decision of the Connecticut Supreme Court sheds light on some common misunderstandings of the reach of workers compensation benefits. The basic events in Hart v. Federal Express Corporation, 321 Conn. 1 (decided...more

Another Year, a Higher Maximum Compensation Rate

We generally are pleased with the economy when it grows and income rises. Last year was no different. While income increased on average only a small percentage, our maximum compensation rate, which is tied to the state’s...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

No Permanent Partial Disability And Permanent Total Disability Benefits At The Same Time, In The Same Claim In Ohio

Under Ohio worker’s compensation law, permanent total disability may be awarded to an injured worker who is unable to return to any type of sustained remunerative employment due to the allowed conditions in the claim....more

Employment Law 2016 Review

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

Labor & Employment E-Note - December 2016

When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues.Although there is some...more

Police Employers Beware — Benefits Payments Under General Municipal Law Section 207-c May Not Shield You From Tort Claims

Municipal police employers who thought that their payment of benefits to injured police officers under General Municipal Law Section 207-c shielded them from tort claims brought by those injured officers need to think...more

Employers Can Be Responsible for Falls in Parking Lots

Given the icy conditions we are finally beginning to experience this year, our office has fielded multiple calls from clients saying their employees slipped and fell on ice or snow in the clients’ parking lots. Often, the...more

What is the meaning of “last payment”?

Lewis v. Transit Management of Charlotte, __ N.C. App. __ (6 December 2016) - In a workers’ compensation claim stemming from a compensable accident occurring in 06/2009, defendants filed no NCIC form to accept Employee’s...more

10 Considerations for Planning the 2016 Office Holiday Party

The end of the year brings many reasons to celebrate, and the vast majority of employers intend to make merry by hosting a holiday party of some sort. This occasion presents an opportunity for employers to foster team spirit...more

All Play and No Work: TN Body Clarifies When Recreational Activities Are Covered Under Worker’s Comp Law

Since the early 1930s, the Tennessee Supreme Court has consistently ruled that an employee’s injury during voluntary recreational activity is not compensable as a work-related accident. However, Tennessee Code Annotated §...more

Opioid Use and NC Workers’ Compensation

As we have previously reported, the North Carolina Industrial Commission was tasked to investigate a prescription formulary for North Carolina State workers. The results of the investigation were published earlier this year....more

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