Defending HIMP-1 Claims in New York
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LFLM LAW with L.A.W - EPISODE 20 - Legal beginnings - A New Attorney’s Journey
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The Burr Broadcast: Proposed Expanded Overtime Rule
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LFLM LAW with L.A.W - Are AMEs still the solution with Tanya Johnson, Attorney, San Francisco
Detecting Fraud in New Jersey Workers' Compensation
The Chartwell Chronicles: New Jersey Workers’ Comp Alert
The Risk Roundtable: Demystifying the Intersection Between NJ Workers' Comp & Employment Practice Liability
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In a bi-partisan effort, both Pennsylvania legislative houses and the Pennsylvania Governor have come together to lower the burden of proof for our Commonwealth’s first responders, when those men and women have witnessed a...more
If you are receiving dozens – even hundreds – of HIMP-1 demands monthly, you are not alone. And you have options other than simply paying them! The Health Insurance Matching Program (HIMP) process is the means through which...more
In an effort to streamline payment of Pennsylvania workers’ compensation wage loss benefits, Governor Shapiro signed Senate Bill 1232 into law on October 29, 2024. Senate Bill 1232 amends Section 308 of the Pennsylvania...more
In New York State, the Health Insurance Matching Program – widely known as HIMP – provides means for a claimant’s private health insurer to seek reimbursement for treatment they believe a workers’ compensation carrier or...more
In this 3rd Department decision, the court confirms a claimant’s right to a standalone SLU, regardless of whether he/she had a SLU previously to that same member. The claimant had a 2015 accident to his right shoulder and...more
Workers’ compensation stress claims can be, well, stressful. Both the employee who has filed the claim and the employer who must handle it experience frustrations. Also, stress claims (also called psych claims) are often...more
According to the United States Bureau of Labor Statistics, a reported 419,000 private-sector employees in California sustained workplace injuries and illnesses in 2022. Workplace incidents in the state claimed 508 employees'...more
Unbowed and unbroken, California continues to work toward creating that Workers’ Paradise in the Sun, and this legislative session did not disappoint! Here are the latest new laws that will take effect by the first of the...more
The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more
Temporary Employment Agencies (TEAs) should become familiar with a change to the Workplace Safety and Insurance Act, 1997 (“WSIA”), which creates a new classification, 001281, added to Class L....more
Fowler v. Perdue, 2024 WL 3196775, --- A.3d --- (Del. June 24, 2024) - Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant. The Industrial Accident...more
American Airlines Group; American Airlines and Sedgwick CMS v. Alejandro Lopez, DCA#: 23-0379; May 22, 2024 - This claim involved a compensable accident date of August 8, 2019, where the employer/carrier provided benefits....more
Avery v. Next Mile, LLC/DSP, No. A-2506-22 (May 23, 2024) - In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment. The petitioner worked as a delivery...more
Ohio employers have a duty to provide their employees with a workplace that is free from known dangers that could harm employees. Unfortunately, injuries can and do happen, even in safe workplaces....more
In 2020, California voters passed Proposition 22, otherwise known as the Protect App-Based Drivers Act (the Propositiont), exempting app-based drivers for companies like Uber, Lyft, and Instacart from a 2019 law known as AB5....more
California has one of the most diverse workforces in the country. Each distinct job industry has its own nuances within the Workers’ Compensation system. One often overlooked but invaluable part of California’s workforce is...more
Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer - In this case, the claimant was the owner of the employer and the sole employee. He...more
Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more
The 3rd Department released several key Workers’ Compensation Board decisions this week....more
The Massachusetts Executive Office of Labor and Workforce Development has announced important updates to state employment benefits for 2025. The State Average Weekly Wage (SAWW) has increased modestly to $1,829.13 from...more
This is a common question, and it is necessary to fully understand the costs and fees that will be deducted from your award as you consider a potential settlement or are reviewing a judgement by a Judge of Compensation. The...more
Over the last approximately 12 months, the West Virginia Supreme Court of Appeals has issued numerous decisions impacting workers’ compensation claims, addressing (1) apportionment calculations of preexisting awards and...more
CPT code 97039 has been in a state of constant flux in Florida and recent rulings have created greater change. First, one must understand what 97039 is and its history. According to the American Medical Association (AMA), CPT...more
Matter v. Google 3rd Dept. 9/26/24 CV-23-0719 - In this case, the Claimant was a Google executive who got lost looking for a bus after a work happy hour event in Manhattan when two motorized bicycles hit him crossing a...more
Doubling down on the often quoted phrase: “All is sunny in Workers’ Compensation Subrogation,” just last week, the Supreme Court of Nevada (Supreme Court) provided a huge win for workers’ compensation subrogation...more