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Documents on Workers Compensation
 

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HTMLMaine Supreme Court Upholds Hearing Officer’s Decision to Suspend Workers’ Compensation Benefits to Missing Employee
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
April 27, 2015, previously published on January 5, 2015
In Johnson v. Home Depot USA, Inc., 2014 ME 140 (December 11, 2014), the Law Court held that deference will be afforded to Workers' Compensation Board Hearing Officers to fashion appropriate remedies in unique circumstances. Fay Johnson disappeared in March 2012 while receiving workers’...

 

HTMLDismissal of Tort Action Affirmed Based on a Finding That the Defendant was the Plaintiff's "Special Employer."
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 1, 2015
The plaintiff was hired by a jewelry store—owned by the defendants’ mother—who later instructed her to work full-time at the defendants’ home. They directed the plaintiff’s day-to-day work duties and controlled her working conditions, but the jewelry store paid her...

 

HTMLOrder for Home Remediation Reversed Due to Lack of Competent Medical Evidence as Required by Squeo.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 1, 2015
The petitioner, partially paralyzed and confined to a wheelchair, sought additional modification to his home in the form of an interior elevator. The Board denied the application for installation of an elevator as unnecessary. The petitioner offered the testimony of “an expert in home...

 

HTMLNew York WC Carriers and TPAs, Beware: A New Debt-Collection Game Is in Town
Paul J. Kilminster; Goldberg Segalla LLP;
Legal Alert/Article
April 17, 2015, previously published on March 30, 2015
New York workers’ compensation insurance carriers and third-party administrators are learning the hard way that some New Jersey health care providers are taking “If at first you don’t succeed ¿ sue!” to a new level. Recently, a number of New York carriers and/or their...

 

HTMLRipeness for Adjudication Measured by Legal Standards, Not by State of the Evidence
Gillian Dale, Malcolm S. Mead, Lisa F. Mickley, Rachel E. Yeates; Hall & Evans, L.L.C.;
Legal Alert/Article
April 17, 2015, previously published on March 20, 2015
An appellate panel of the Industrial Claim Appeals Office recently issued an opinion explaining that the jurisdictional requirement of "ripe for adjudication" is determined by reference to the legal status of the issue raised, not by the state of the evidence concerning that issue.

 

HTMLDon’t Get Short Changed on Your Average Weekly Wage
John M. Connell; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 24, 2015
Average weekly wage is a topic I have discussed previously. Generally your average weekly wage should include the salary you earn each week. It gets more complicated when the weeks that you work are not uniform, like when someone gets a lot of overtime or their work is not full time. That’s...

 

HTMLHepatitis C Transmission in the Course of your Employment (Part 2 of 2)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 5, 2015
In Part 1 of our blog series, we discussed the risks to first responders, as well as legislation that has been enacted to protect them. However, it is of vital importance that first responders who believe they may have been exposed to hepatitis C follow the below list of timeline requirements:

 

HTMLHepatitis C Transmission in the Course of Your Employment (Part 1 of 2)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 3, 2015
Hepatitis C is an infectious disease primarily caused by blood-to-blood contact. Hepatitis C infections can cause scarring of the liver, and, over time, ultimately liver failure. When the infection is treated early with proper medications, the chance of being cured or experiencing remission is...

 

HTMLWorker’s Compensation for the Colorado State Trooper: U-Coverage and your Insurance Company (Part 3 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 24, 2015
NO. Even though your U-coverage is purchased and invoked under your personal car insurance policy, your car insurance company may challenge your right to recover under your U-policy. As a result, we may need to file a lawsuit against your insurance company to ascertain fair compensation under your...

 

HTMLFourth Circuit Affirms District Court’s Decision That Virginia Workers’ Compensation Act Barred Personal Injury Suit by Construction Worker Employed by North Carolina Company
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In James Demetres v. East West Construction, Inc., James Thomas Demetres (“Demetres”) appealed the district court’s dismissal of his personal injury suit against East West Construction, Inc. (“East West”) for lack of subject matter jurisdiction pursuant to Federal Rule...

 


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