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HTMLSocial Security Administration Proposes Mandatory Reporting of Workers' Compensation Benefits
Bradford Peterson; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
May 13, 2015
The Social Security Administration has published its proposed 2016 budget, which also includes as an appendix, several legislative proposals. The legislative agenda includes a proposal that would require states, local governments and private insurers to report to the Social Security Administration...

 

HTMLWhen Does a Traveling Employee Actually Begin to "Travel?"
Bradford Peterson; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
May 13, 2015
In Pryor v. Illinois Workers' Compensation Commission, 2015 IL App (2d) 130874WC, the Illinois Appellate Court, Workers' Compensation Commission Division, addressed the issue of whether a traveling employee's injury "arose out of" and "in the course of" his employment when the...

 

HTMLAre Traveling Employees at Increased Risk of Tripping Over Curbs?
Bradford Peterson; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
May 13, 2015
On February 27, 2015, the appellate court reversed the circuit court's finding of non-compensability where a traveling employee simply tripped over a curb. In Nee v. Illinois Workers' Compensation Comm'n, 2015 IL App (1st) 132609WC, the claimant was a plumbing inspector for the City of Chicago who...

 

HTMLAppellate Court Holds Wage Differential Must Be Explicitly Waived or Else Claimant Eligible
Jessica Bell; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
May 13, 2015, previously published on April 2015
The Appellate Court, Third District, Workers' Compensation Commission Division, recently handed down a decision addressing a claimant's entitlement to permanent, total disability benefits on an odd-lot theory, and the applicability of a wage differential award when the claimant does not request a...

 

Adobe PDFRecent Decision Impacting Employer Reimbursement for Advance or Continued Compensation
Melinda Burdick Bowe, John F. Corcoran, James E. Hughes, Whitney M. Kummerow, Robert J. Thorpe; Hancock Estabrook, LLP;
Legal Alert/Article
May 7, 2015, previously published on April 2015
Please be advised that certain reimbursements for advance or continued wage payments made by employers to employee-claimants are subject to a recent change under New York’s Workers’ Compensation Law.

 

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.

 


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