Mitigating Medical Exposure
Slippery When Wet: Parking Lot and Sidewalk Workers' Compensation To Pay or Not to Pay
Workers' Compensation Academy: Exclusivity Provisions of the PA Workers’ Compensation Act
An Overview of Connecticut Workers' Compensation
Workers' Compensation Academy: Proposed Legislation and Reduced Regulation - Managing Workers’ Compensation Claims Amid COVID - 19
Now Trending Emerging Issues and Legislation in Maine Workers' Compensation
House Bill 2490 has been introduced and it is best to quote from the sponsoring legislator’s words: [S]ome employers and insurers require claimants to sign side agreements forcing them to resign, preventing them from ever...more
700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office & SWIF; No. 660 C.D. 2020; No. 617 C.D. 2020; filed May 16, 2024; President Judge Cohn-Jubelirer - In this case, 700 Pharmacy filed five Fee Review...more
The Rhode Island General Assembly was active during the 2024 legislative session, passing several bills that impact employers and their business practices. Here is a summary of the new laws Rhode Island employers may need to...more
Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more
The vexing issue of whether insurance carriers, third-party administrators and self-insured employers will be required to pay for a broad array of non-prescription items (for example, over-the-counter medications, dietary...more
On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the...more
In Keim v. Above All Termite & Pest Control, the New Jersey Supreme Court specifically set out rules defining when employment starts and stops under N.J.S.A. 34:15-36. They held that this section of the New Jersey Workers’...more
Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina. She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more
In Schmidt v. Schmidt, Kirifides & Rassias (WCAB), 1039 C.D. 2021, filed November 14, 2023, a case of first impression, the Pennsylvania Commonwealth Court ruled that claimants are entitled to reimbursement for out-of-pocket...more
Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some...more
Heuman v. Heuman, et al., No. A-1593-21 (Dec. 11, 2023) - The plaintiff injured his right eye while working with a mixer that had been modified, resulting in the loss of his eye and the permanent need for a prosthetic. He...more
Liberty Ins. Corp. v. Techdan, LLC, 253 N.J. 87, 289 A.3d 429 (2023), as revised (Mar. 23, 2023) - The plaintiff alleged that the defendants misrepresented their relationship, ownership structure and submitted fraudulent...more
Workers' compensation benefits in Pennsylvania and New Jersey are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates...more
In 2023, there were several separate Commonwealth Court opinions that addressed payment of medical marijuana and CBD oil prescriptions per the PA Workers’ Compensation Act. On March 17, 2023, the court first issued opinions...more
On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill...more
On January 2, 2024, the Pennsylvania Commonwealth Court ruled to set aside the long-utilized “Red Book” standard for repricing prescription medications in Pennsylvania workers’ compensation claims. The court directed the...more
With 2023 in the rearview mirror, Connecticut employers may want to confirm they have implemented the necessary changes to address legislative developments that became effective January 1, 2024....more
On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more
Key Takeaways - A November 21 decision by the New Jersey Supreme Court clarifying the authorized vehicle rule of the state’s Workers’ Compensation Act has implications for employers throughout New Jersey. The case involved...more
Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!...more
Under the North Carolina Workers’ Compensation Act, the total loss of a member or loss of vision is a compensable injury....more
Key Takeaways - SB0071/HB0800 specifies that 25% of the net recovery by a claimant on a claim for workers’ compensation will be subject to execution on a judgment for a child support arrearage. HB0902/SB0839 establishes...more
With respect to workplace injuries, The North Carolina Workers’ Compensation Act is a legislative fix to a common law problem. The Act is sometimes called “the grand compromise” because it was crafted so as to balance the...more
The Delaware Supreme Court recently reinterpreted a section of the state’s Workers’ Compensation Act (WCA) (19 Del. C. § 2301 et seq.) to allow employers and insurance providers to pursue liens on certain excess benefits...more
Jose Gonzalez v. Guizzetti Farms, Inc. (WCAB) and Guizzetti Farms, Inc. v. Jose Gonzalez (WCAB); No. 144 C.D. 2022; No. 286 C.D. 2022; filed Apr. 18, 2023; by Judge Ceisler (PREVIOUS NON-REPORTED OPINION) - In this case, the...more