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HTMLMaine Supreme Court Addresses Employee Misclassification and Workers’ Compensation Coverage Requirements
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
September 4, 2015, previously published on September 1, 2015
In WCB Abuse Investigation Unit v. Nate Holyoke Builders, Inc., 2015 ME 99 (August 4, 2015), a construction company obtained predeterminations of independent contractor status from the WCB for workers classified as independent contractors. Holyoke had workers’ compensation insurance coverage.

 

HTMLRecent Trial Win for Workers’ Compensation Associate
Capehart Scatchard P.A.;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
On January 22, 2013, the petitioner, a nurse, filed Claim Petition No. 2013-1691, alleging that on March 29, 2012, she slipped and fell in the course of her employment, causing injuries to her lumbar spine and right knee. She conceded that she fell in the parking lot after finishing her shift and...

 

HTMLOccupational Claim Denied Where Doctor Testifies that Complaints are Not Uncommon for Similarly Aged Persons
James P. Paoli; Cooper Levenson, P.A.;
Legal Alert/Article
September 1, 2015, previously published on August 10, 2015
Pursuant to the Appellate Division's findings, the Petitioner's occupational claim was dismissed and a portion of his specific accident claim was dismissed. The Petitioner filed a claim petition against his employer alleging injury to his cervical spine as well as to his ribs as a result of an...

 

HTMLRevised Florida Workers' Compensation Record Maintenance, Stop-Work Order Conditional Release Revised Rules Effective September 6, 2015
Colodny Fass P.A.;
Legal Alert/Article
August 28, 2015, previously published on August 27, 2015
A recently revised Rule relating to Florida workers' compensation record maintenance and production becomes effective September 6, 2015, along with amendments to regulations governing the conditional release of Stop-Work Orders and Periodic Payment Agreements, according to the Florida Division of...

 

HTMLJob Applicant Cannot Sue for Failure to Hire under Tennessee Workers’ Compensation Act
James R. Mulroy; Jackson Lewis P.C.;
Legal Alert/Article
August 27, 2015, previously published on August 26, 2015
Ruling on a question of law from a federal district court, the Tennessee Supreme Court has determined that a job applicant has no cause of action against a prospective employer in Tennessee if the prospective employer failed to hire the job applicant because the applicant had filed, or is likely to...

 

HTMLProposed Decrease to Florida Worker's Compensation Insurance Premiums
Hayley Lewis Folmar; McConnaughhay, Duffy, Coonrod, Pope,Weaver, Stern & Thomas P.A.;
Legal Alert/Article
August 25, 2015, previously published on August 25, 2015
On Friday, August 21, 2015, the National Council on Compensation Insurance (NCCI) filed the 2016 Florida Workers' Compensation Rate Filing with the Florida Office of Insurance Regulation. The filing proposes a Statewide average premium decrease of 2.2 percent. If approved, the new rates will become...

 

HTMLNCCI Proposes Florida Workers' Compensation Rate Decrease
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
August 20, 2015, previously published on August 20, 2015
The National Council on Compensation Insurance ("NCCI") delivered its annual workers' compensation insurance rate filing to the Florida Office of Insurance Regulation ("OIR") today, August 20, 2015.

 

HTMLRecently Adopted Health Care Provider Reimbursement Manual Not Yet Effective Until Legislative Ratification, Florida Division of Workers' Compensation Cautions
Colodny Fass P.A.;
Legal Alert/Article
August 20, 2015, previously published on August 19, 2015
The recently amended Rule 69L-7.020, F.A.C. adopting the 2015 Edition of the Florida Workers' Compensation Health Care Provider Reimbursement Manual ("Manual") will not be effective until ratified by the Florida Legislature--presumably in 2016.

 

HTMLFlorida Division of Workers' Compensation Rules Relating to Business Record Maintenance and Stop Work Order Conditional Release Effective September 6, 2015
Colodny Fass P.A.;
Legal Alert/Article
August 18, 2015, previously published on August 18, 2015
Revised regulations relating to business record maintenance and conditional release of stop work orders become effective September 6, 2015, the Florida Division of Workers' Compensation ("DWC") advised today, August 18, 2015.

 

HTMLEmployers Choked by Commonwealth Court Pulmonary Case Decision
Ross A. Carrozza; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 17, 2015, previously published on September 1, 2015
On March 25, 2105, the Pennsylvania Commonwealth Court decided Little v. WCAB (Select Specialty Hospital), 113 A.3d 1 (Pa. Cmwlth. 2015). This case impacts breathing cases in the defense community.

 


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