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Documents on Workers Compensation
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|Petitioner Ordered to Be Weaned Off of Psychotherapy Treatment|
Elizabeth A. Dietz; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on July 19, 2016As a result of work-related injuries and surgery to her knee, the petitioner suffered chronic left knee pain, anxiety and depression. The Judge of Compensation order that Dr. S be authorized as the petitioner’s treating psychiatrist. Three years later, the respondent filed a motion to...
|Wage Differential Without a Change in Wages?|
Joseph Guyette; Heyl, Royster, Voelker & Allen Professional Corporation;
July 27, 2016, previously published on March 2016What is the difference between the amount a claimant is currently earning and the amount the claimant is capable of earning? According to the Appellate Court, Workers' Compensation Commission Division, the answer is, "a lot." In Jackson Park Hospital v. Illinois Workers' Compensation...
|Appellate Court Finds Section 8.1b AMA Impairment Rating Report Not Mandatory|
Brad Elward; Heyl, Royster, Voelker & Allen Professional Corporation;
July 25, 2016, previously published on July 1, 2016On June 28, 2016, the Illinois Appellate Court, Workers' Compensation Commission Division, held that section 8.1b of the Illinois Workers' Compensation Act, commonly referred to as the AMA rating report provision, does not require a party to submit an AMA impairment report for the purpose of...
|Domestic or Workplace Violence and How To Tell the Difference: Appellate Division’s Latest Analysis of New Jersey Workers’ Compensation Liability|
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 21, 2016, previously published on June 1, 2016In its most recent decision in Jennie Rosario v. State of New Jersey, 2016 N.J.Super. Unpub. LEXIS 165 (App. Div. Jan. 28, 2016), the Appellate Division has upheld personal animosity as a defense to compensability in a workers’ compensation case. The underlying facts of the case were not in...
Supreme Court Holds That A Workers' Compensation Judge Has the Authority to
Reject Uncontradicted Testimony Given By A Medical Witness Who Performed An
Impairment Rating Examination|
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 20, 2016, previously published on June 13, 2016The Supreme Court of Pennsylvania recently reversed a decision of the Commonwealth Court concerning testimony given by a medical witness who performed an Impairment Rating Examination (IRE) on a claimant. The claimant sustained multiple injuries in a 2005 work-related motor vehicle accident. In a...
|2016 Tennessee Legislative Update|
James R. Mulroy; Jackson Lewis P.C.;
June 8, 2016, previously published on May 26, 2016In its latest session, the Tennessee Legislature passed four bills that affect Tennessee public and private employers’ workplace policies and procedures.
|Florida Supreme Court Holds Mandatory Attorney’s Fee Schedule In Workers’ Compensation Cases Unconstitutional But Declines To Consider Other Constitutional Challenges To The Workers’ Compensation Statute|
June 6, 2016, previously published on April 28, 2016The Florida Supreme Court has issued a long-awaited opinion in Castellanos v. Next Door Co., Case No. S13-2082 (Fla., April 28, 2016), in which the Court held that the mandatory fee schedule in Florida Statute 440.34 (2009) is unconstitutional. The Court reasoned that the statute, which...
|First Department Reopens 25-a for Claims With Policies Prior to Oct. 1, 2013|
Jamie L. Caldwell, Danielle S. Engel, Alexis Hatten, Chelsea Keenan, Brandon W. Sawyer; Goldberg Segalla LLP;
June 3, 2016, previously published on April 18, 2016On April 14, a New York appellate court found unconstitutional the statute closing the Fund for Reopened Cases (Section 25-a) for purposes of workers’ compensation insurance policies issued before October 1, 2013. For qualifying cases, insurers underwriting policies in New York once again...
|First DCA, Florida Supreme Court Use 1, 2 Punch To Knockout Workers’ Compensation Fee Provisions, But Exclusivity Maintained|
McConnaughhay Coonrod Pope Weaver Stern Thomas P.A.;
May 30, 2016, previously published on April 29, 2016In a span of less than 10 days, two decisions issued by the First District Court of Appeal and the Florida Supreme Court have resulted in the evisceration of the statutory fee requirements in Chapter 440. The First District Court of Appeal issued its decision in Miles v. City of Edgewater, Case No....
|DOL Announces FMLA Guide for Employers and Forthcoming Poster|
Shawe Rosenthal LLP;
May 26, 2016, previously published on April 29, 2016The Department of Labor recently announced that it will be issuing a revised Family and Medical Leave Act poster and that it has released a new FMLA resource for employers: “The Employer’s Guide to the Family and Medical Leave Act.”