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Documents on workers compensation
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|Clarifying the Burden in a Section 108(r) Occupational Disease Claim: The Impact of Sladek and Hutz|
Ashley S. Talley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
December 8, 2016, previously published on December 1, 2016As a general matter, an individual has the right seek compensation for a wide variety of injuries under the Pennsylvania Workers’ Compensation Act, including a category of claims for occupational diseases generally thought of as injuries that predominate in a specific profession as a result...
|Opioid Weaning Under No. 046-892: What You Need to Know|
Debra L. Doby; Goldberg Segalla LLP;
December 5, 2016, previously published on November 16, 2016The New York Workers’ Compensation Board recently issued Subject Number 046-892 detailing how to request - and how to address carriers’ requests - to reduce opioid medications.
|Is It Compensation Or Loan Repayment?|
Pessin Katz Law P.A.;
November 17, 2016, previously published on October 31, 2016In Scott Singer Installations, Inc., (TC Memo 2016-16, filed August 24, 2016)1, the U.S. Tax Court (the “Court”) ruled that the bulk of payments made to a sole shareholder of an “S” Corporation, characterized as reimbursement of “personal expenses”, represented...
|DE Supreme Court to Decide if Claimant Who Is Illegal Alien Qualifies as Displaced Worker|
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
November 11, 2016, previously published on October 21, 2016In this closely watched case, the Delaware Supreme Court recently heard oral argument on the employer’s appeal. The claimant had suffered a compensable work injury on June 22, 2010, when she slipped on the floor at work and injured her left wrist. She later underwent surgery involving a...
|Traveling Employee Doctrine Does Not Encompass Travel “To and From” Normal Workplace|
Brad Elward; Heyl, Royster, Voelker & Allen Professional Corporation;
October 13, 2016, previously published on October 2016In Allenbaugh v. Illinois Workers' Compensation Comm'n, 2016 IL App (3d) 150284WC, the appellate court affirmed the Commission’s decision finding the claimant, a police officer en route to the police station before heading to a training session, was “merely commuting” at the time...
|CMS Lowers SCHIP Reporting Threshold for Workers’ Compensation Cases|
Bradford Peterson; Heyl, Royster, Voelker & Allen Professional Corporation;
October 13, 2016, previously published on October 2016Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 implemented mandatory reporting requirements for Medicare beneficiaries who had settlements, judgments, awards or other payments for non-group health plans such as liability insurance, no fault insurance or workers’...
|Eleventh Circuit Court of Appeals Requires a Liability Insurance Carrier to Pay TWICE After It Grants a Medicare Advantage Plan a Cause of Action|
James E. Pocius; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 21, 2016, previously published on September 9, 2016In a case that will have far reaching effects across the country, the Eleventh Circuit Court of Appeals granted Humana Medical Plan, Inc. a private cause of action to collect as a Medicare Advantage Plan.
|Attention, Contractors! That Subcontractor You Are Thinking of Using Might Cost You Much More Than You Anticipate|
Linda L. Wilson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016Contractors working in Delaware are likely aware that, if they use an independent contractor or subcontractor who does not have workers’ compensation insurance, they could be “on the hook” for workers’ compensation claims of the independent contractor/subcontractor or its...
|Appellate Division Provides Clarity: Medical Expenses Are Recoverable by Workers’ Compensation Carriers Under Section 40|
Damon M. Gruber, Esther F. Omoloyin, Daniel J. Rosenthal; Goldberg Segalla LLP;
September 11, 2016, previously published on September 1, 2016The Appellate Division of the New Jersey Superior Court issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the...
|Change in Virginia Workers’ Compensation “Cumulative Trauma” Law? It’s Unclear.|
Peter G. Irot; Gentry Locke, LLP;
August 18, 2016, previously published on August 2016Virginia workers’ compensation law has long required that claims can only be compensable if they are “injuries by accident.” There are parts of the law that provide for compensation for “occupational diseases,” but the idea for injuries like sprains and contusions is...