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Documents on workers compensation
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|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...
|Delaware Superior Court Will Overturn the Board’s Award of Attorney’s Fees Only for an Abuse of Discretion|
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 3, 2016, previously published on July 19, 2016After a serious work injury, the claimant received compensation benefits that included several permanencies. He later filed a petition seeking to add the back as an additional body part, which was withdrawn without prejudice since the medical bills at issue were already paid by the carrier. The...
|Claimant is Not Entitled to Payment of Wage Loss and Medical Benefits from the Uninsured Employers Guaranty Fund until Notice to the Fund Is Given by the Claimant|
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 3, 2016, previously published on July 19, 2016After learning the employer did not have workers’ compensation insurance, the claimant filed a notice of claim against the Uninsured Employers Guaranty Fund (Fund), and he later filed a claim petition against the Fund.
|Can FedEx Driver Get Workers’ Comp for PTSD?|
Fred Hosier; Suisman Shapiro Attorneys-at-Law;
July 29, 2016, previously published on April 25, 2016A former Federal Express courier claims he developed a heart condition and post-traumatic stress disorder (PTSD) from work. FedEx says neither one should be covered under workers' comp. How did a court rule?
|Petitioner Ordered to Be Weaned Off of Psychotherapy Treatment|
Elizabeth A. Dietz; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on July 19, 2016As a result of work-related injuries and surgery to her knee, the petitioner suffered chronic left knee pain, anxiety and depression. The Judge of Compensation order that Dr. S be authorized as the petitioner’s treating psychiatrist. Three years later, the respondent filed a motion to...
|Wage Differential Without a Change in Wages?|
Joseph Guyette; Heyl, Royster, Voelker & Allen Professional Corporation;
July 27, 2016, previously published on March 2016What is the difference between the amount a claimant is currently earning and the amount the claimant is capable of earning? According to the Appellate Court, Workers' Compensation Commission Division, the answer is, "a lot." In Jackson Park Hospital v. Illinois Workers' Compensation...
|Appellate Court Finds Section 8.1b AMA Impairment Rating Report Not Mandatory|
Brad Elward; Heyl, Royster, Voelker & Allen Professional Corporation;
July 25, 2016, previously published on July 1, 2016On June 28, 2016, the Illinois Appellate Court, Workers' Compensation Commission Division, held that section 8.1b of the Illinois Workers' Compensation Act, commonly referred to as the AMA rating report provision, does not require a party to submit an AMA impairment report for the purpose of...