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New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity...more

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

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

Form Filing Update: NY WCB Distinguishes Between TTD and PPD Benefits

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates Effective July 3, 2023, Forms C-25 and C-27 have...more

Canadian Wildfire Smoke and Potential Workers' Compensation Claims

Key Takeaways - Smoke from the Canadian wildfires are likely  to result in workers’ compensation claims linked to smoke-related injuries Compensability should focus on how much an employee’s work increases the exposure to...more

Fraud Doesn't Pay in New York - May 2023 Update

An Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a - Key Takeaways - WCL 114-a gives the Board authority to disqualify a claimant from receipt of lost time benefits, “[i]f for...more

Workers’ Compensation Board Further Scrutinizing Section 32s with Releases and Resignations

Key Takeaways - There’s been a significant increase the last month in Section 32 Agreements disapproved, or to which revisions have been demanded, due to a general release or resignation attendant  to same. Until...more

Fraud Doesn't Pay In New York – February 2023 Update

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways: WCL 114-a provides the board with the authority to disqualify a claimant from receipt of lost time...more

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that...more

New York Workers’ Compensation Board Once Again Tightens the Coverage Standard on Professional Employer Organizations

Key Takeaway - The New York Workers’ Compensation Board continues to struggle with properly attributing the coverage Professional Employer Organizations provide to underlying employers. Professional Employer...more

Fraud Doesn't Pay in New York: November 2022 Update

As a part of our Quarterly Practice Group Update, we are pleased to produce our fifth installment highlighting examples of our continued success in the area of fraud litigation. This publication began as a one-time update;...more

Not My Employee – How Professional Employment Organizations Can Protect Against Unnecessary Liability

During a recent court session, I witnessed a judge enter an order compelling a Professional Employment Organization (PEO) to pay benefits without prejudice for an employee who was in no way associated with the PEO, according...more

Fraud Doesn't Pay in New York: August 2022 Update

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways - The Workers’ Compensation Board can disqualify a claimant from receiving lost-time benefits under...more

Judge Langham Announces Broad Changes to Processes in Florida Workers’ Compensation Cases

Key Takeaways - Modifications to the mediation process and the consolidation of districts announced by Chief Judge David W. Langham are among the changes that will have immediate impact on Florida workers’ compensation...more

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order...more

Fraud Still Doesn’t Pay in New York—May 2022 Update

Key Takeaways - Under certain conditions, the Workers’ Compensation Board can disqualify a claimant from receiving lost time benefits, according to New York Workers’ Compensation Law 114-a Claims can be overcome when...more

Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board

Key Takeaways - The NY Workers’ Compensation Board has announced new Medical Treatment Guidelines—including new Guidelines covering Complex Regional Pain Syndrome—become effective on May 2, 2022. The extensive...more

In Florida, Clarification of Workers’ Compensation Language about Employer-Provided Transportation and Traveling Employees

Key Takeaways - Injuries sustained while going and coming from work are not compensable, but exceptions can apply with employer-provided transportation. No compensability when employer provides transportation for the...more

New Traumatic Brain Injury Guidelines from NY Workers’ Compensation Board Are Effective May 2

Key Takeaways - The NY Workers’ Compensation Board has announced that the new medical treatment guidelines—including new guidelines covering Traumatic Brain Injury (TBI)—become effective on May 2, 2022. The guidelines...more

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