News & Analysis as of

Workers Compensation Board

New York Releases Paid Family Leave Statement of Rights and Model Policy Language

As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible...more

Update: New York Paid Family Leave Law Becomes Effective on January 1, 2018

As we previously reported, New York State adopted the New York Paid Family Leave Law (“Paid Leave Law”) back in April 2016. The Paid Leave Law, which requires employers in New York State to provide up to 12 weeks of paid...more

Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law

With the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification...more

Winter Is Coming: Paid Family Leave Arrives in New York State

While New York State’s Paid Family Leave Benefits Law (the PFL) becomes effective as we ring in the new year on Jan. 1, 2018, employers should spend the remainder of 2017 scrambling to determine how to minimize its disruptive...more

New York Paid Family Leave Law Contributions Have Started, While Proposed Regulations Are Revised

The Paid Family Leave Act will provide, when fully implemented, employees in the state of New York with up to 12 weeks of job-protected paid family leave to (1) care for a family member (including a child, parent,...more

New York Paid Family Leave Final Regulations Still Awaited As Proposed July 1 Date to Begin Deductions Arrives

As we have previously reported, on May 24, 2017, the New York Workers Compensation Board issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). While the public comment...more

IREs Held as Unconstitutional in Workers’ Compensation Cases

by Barley Snyder on

The Pennsylvania Supreme Court last week drastically altered the landscape for workers’ compensation carriers and created future uncertainties when it struck down aspects of the Workers’ Compensation Act....more

New York Issues Updated Regulations to Paid Family Leave Benefits Law

by Epstein Becker & Green on

On May 24, 2017, the New York State Workers’ Compensation Board (“WCB”) published updated regulations (“Updated Regulations”) to the New York Paid Family Leave Benefits Law (“PFLBL”), which, as we previously reported, becomes...more

Revisions to Proposed Regulations for New York State Paid Family Leave Law Issued

The New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”)....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

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

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

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

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

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

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

Workers' Comp. Alert: WCAB Significant Panel Decision Emphasizes Timeliness For A Valid UR Decision

On November 20, 2014, the WCAB issued Bodam v. San Bernardino County/Department of Social Services, and declared it to be A Significant Panel Decision, which means it is citable before the board, but is not persuasive...more

Commissioner Roche Has Resigned. What Now?

by Collins & Lacy, P.C. on

The announcement this week did not give Commissioner Roche’s reason for resigning, only that she was returning to private practice. We can speculate, but regardless of the reason, her leaving will be a great loss to the...more

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