Cross-Border Implications of the Canadian Cannabis Act in New York Workers’ Compensation Law

The rapid evolution of both medical and recreational marijuana creates unique issues for employers and insurers. Although this may be a statement of the obvious, it is especially true in New York, a state which shares a 445-mile border with Canada. Recreational marijuana may soon be legal in Canada, after its Legislature approved the Cannabis Act in June of this year. The proposed law would make it legal for anyone
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Got Insurance? What You Need to Know if You Are An Uninsured Employer in New Jersey

Under New Jersey law, every corporation, limited partnership, as well as any employer required by law to submit an annual report, must provide valid proof of workers’ compensation coverage as part of its annual report. There are two ways that an employer can demonstrate valid proof of workers’ compensation coverage. An employer can either show proof of having coverage with an insurance carrier or by being self-insured. A self-insured employer
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Settlement with the U.S. Department of Justice on outstanding conditional Medicare payments is a stark reminder to look before you leap when settling a claim.

On June 18, 2018, the United States Department of Justice (DOJ) issued a press release regarding a settlement involving claims that a personal injury law firm failed to properly reimburse conditional medical payments to Medicare. This press release is a stern warning that Medicare is required, by statute, to seek reimbursement for conditional payments made as a secondary payer — and it will. See 42 U.S.C. Section 1395y (6). Conditional
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“New York State of Mind”- Altering Substances: Carriers Must Now Reimburse Claimants for Medical Marijuana

On June 4, 2018, the New York Workers’ Compensation Board in Our Lady Victory of Homes officially directed a carrier to reimburse a claimant for medical marijuana expenses. G085 6672, 2018 WL 2752819 (N.Y. Work. Comp. Bd. June 4, 2018). This decision has been in the making since February of this year, when the board panel found in WDF Inc. that reimbursement is proper if the medical provider requests a
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Minor Issues When A Minor Gets Injured At Work

While not very common, if a minor is hired and then injured on the job, the trajectory of this particular compensation claim will be slightly different than the typical workers’ compensation claim. The most significant difference is that a penalty will be imposed against the employer if the employment of the minor is found to be illegal by the Workers’ Compensation Board. Workers’ Compensation Law Section 14-a governs compensation issues
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Podcast: Trucking Workers’ Compensation Claims

Ben Greenberg, a partner in our Raleigh office, joins the show to discuss how trucking companies and insurance carriers can effectively prepare for workers’ compensation claims. Ben first explains how an aging truck driver population and commercial driver shortage have resulted in an increase in significant workers’ compensation claims in the trucking industry. He then addresses important proactive measures, such as telematics and forward-facing fleet cameras, companies can take to avoid
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Summary Judgment and the “Coming and Going” Doctrine: It’s Complicated

Injuries occurring during an ordinary commute to and from work are not compensable under the Maryland Workers’ Compensation Act. The “coming and going” doctrine has always required in in-depth factual analysis for each case to determine if any exceptions to this doctrine apply. The Court of Appeals recently decided what should be considered a factual or legal determination in the context of a summary judgment decision on this issue. Calvo
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Maryland’s Second Highest Court Recounts and Applies Critical Zakwieia and Reger Cases in Rendering New Opinion

The 2017 calendar year saw the introduction of two prominent cases addressing the offset afforded under Labor and Employment Section 9-610 and two simple words: “similar benefits.”  Two cases, two words … little to no clarity. Now, 2018 has seen its first opinion from Maryland’s highest court addressing the critical statute governing disability benefits owed to covered employees of governmental units or quasi-public corporations. A more complete analysis of the
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Changes to Workers’ Compensation Benefits for First Responders in Florida

Florida Statute 112.18, commonly referred to as the “Heart/Lung Bill,” offers added legal protection for police, fireman and correctional officers who suffer from heart disease, high blood pressure, or tuberculosis. This is codified in Section 112.18(1)(a), which specifically states that: Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer, correctional officer, or
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Podcast: Hidden Costs of New York Workers’ Comp Reforms

Todd Jones, a partner in our Garden City office, recently appeared on Goldberg Segalla’s Timely Notice podcast to discuss the hidden costs of New York’s 2017 overhaul of its workers’ compensation system. Todd begins by illustrating how previous changes to the system resulted in exorbitant indemnity costs for employers. Todd notes how the recent reforms were intended to remedy this issue. He gives his prediction on a recent change that
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