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|What is a Medicare Set-Aside and how does it Affect the Settlement of my Case?|
Joseph A. Miller; Joe Miller Law, Ltd.;
August 19, 2014When you are injured in a work-related accident and you are on Medicare at the time or expect to be on Medicare in the near future, Medicare set-asides are something you need to keep in mind. In this article we will define what Medicare set-asides are and why it is important in your workers...
|The Beginning of a Trend? Removing Asbestos-related Injuries From the Exclusivity Provisions of Workers’ Compensation Statutes|
Jordan T. Ault; Husch Blackwell LLP;
August 18, 2014, previously published on August 13, 2014On November 22, 2013, the Supreme Court of Pennsylvania issued an order in Tooey, et al. v. AK Steel Corp. that had major implications for toxic tort litigation in the state. Plaintiff John Tooey allegedly worked for Ferro Engineering as an industrial salesman of asbestos products from 1964 to...
|Ohio BWC Settles Premium Case, Separately Sets New Collection Schedule|
Nicola Gudbranson Cooper LLC;
August 15, 2014, previously published on Summer 2014Certain employers who have been waiting for refunds from the Ohio Bureau of Workers Compensation will have to wait only a little longer while a judge decides how to divvy up a $420 million settlement in a seven-year-old lawsuit that challenged the way some 264,000 businesses were charged premiums.
|Wal-Mart v. IBEW: Delaware Supreme Court Authorizes Broad “Books and Records” Discovery Under Section 220 of the Delaware General Corporation Law and Adopts Garner Exception to Attorney-Client Privilege|
Sullivan Cromwell LLP;
August 12, 2014, previously published on August 6, 2014 On July 23, 2014, in Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, the Delaware Supreme Court issued an important decision expanding the scope of shareholder discovery in connection with a “books and records” demand under Section 220 of the Delaware...
|Supreme Court of New Jersey Holds That Cardiovascular Death Is Not Compensable|
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 11, 2014, previously published on August 6, 2014In its July 30, 2014, decision of James P. Renner v. AT&T (A-71-11) (068744), the New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Renner that the decedent husband/petitioner failed to sustain...
|Court of Appeals Provides Clarity to Idiopathic Injury Cases|
Ariel I. Adams; Hall Booth Smith, P.C.;
August 11, 2014, previously published on July 31, 2014The Court of Appeals has recently issued its decision in Chambers v. Monroe County Board of Commissioners, 2014 Ga. App. LEXIS 551 (2014), providing some clarity in the murky area surrounding idiopathic injuries. The claimant in Chambers was a firefighter/EMT for Monroe County. The claimant was...
|House Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System|
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 6, 2014, previously published on July 31, 2014This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...
|Special Workers Compensation Legislation Report--Retrospective Rating|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
August 6, 2014, previously published on August 8, 2014CS/HB 785 by State Representative Albritton passed the Legislature and was approved by Governor Rick Scott on June 13, 2014. The effective date of the bill was July 1, 2014.
|Employer Bears Burden of Proving Claimant’s Loss of Earning Power is Due to Lack of U.S. Citizenship|
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 5, 2014, previously published on August 1, 2014The claimant filed a claim petition alleging that he sustained a work injury on July 19, 2008, while working as a truck driver for the employer. At a hearing held before the Workers’ Compensation Judge, the employer’s attorney cross examined the claimant, who was born in Ecuador and had...
|Virginia Significantly Raises Worker Misclassification Fine|
Phyllis C. Katz; Sands Anderson PC;
July 29, 2014, previously published on July 14, 2014Worker misclassification remains a number one target area for both state and federal review. On July 1, 2014, the Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure...