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Documents on workers compensation
 

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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.

 

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...

 

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...

 

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...

 

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...

 

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:

 

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...

 

HTMLWorkers' Compensation Appellate Division Holds that in a Claim to Death Benefits, Dependency Status is Determined as of the Date of Injury
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 22, 2015
In Foley v. Thermal Engineering International, Inc., Me. WCB App. Div. Decision No. 15-2 (January 13, 2015), the Workers' Compensation Board Appellate Division held that, in a claim to death benefits, dependency status is determined as of the date of injury.

 

HTMLSupreme Court Rules on Application of § 327 Presumption
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on February 2, 2015
In Estate of Sullwold v. The Salvation Army, 2015 ME 4 (January 22, 2015), a high-level Salvation Army employee with a history of cardiovascular issues was found dead after a heart attack with his smart phone next to him and a financial news program on TV. The heart attack occurred during normal...

 

HTMLNumber of Possible Ebola Cases in US Increases
Stephen J. Burg; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 19, 2015, previously published on January 23, 2015
As of Aug. 20, hospitals in 27 states handled at least 68 possible cases of Ebola, the U.S. Centers for Disease Control and Prevention told ABC News. Of the patients with possible Ebola infections, 58 cases have been ruled false alarms and 10 patients' blood samples were sent to the CDC for...

 


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