Practice Tips for Securing the Mandatory and Discretionary Penalties under WCL Section 114(a)

Once a claim has been established, there are numerous defenses a carrier may raise to limit exposure in situations where the claimant has not returned to work. One of these defenses can be found under Section 114(a) of the Workers’ Compensation Law. The applicable case law reads:  “If for the purpose of obtaining compensation . . . a claimant knowingly makes a false statement or representation as to a material
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Is Failure to Provide Written Notice to an Employer Still a Viable Defense? Of Course it Is!

One of the more seemingly futile defenses to a workers’ compensation claim is the defense originating from Section 18 of the Workers’ Compensation Law requiring a claimant to provide written notice to the employer within 30 days of an incident. The statute itself provides that late notice can be excused, provided the employer had actual notice or if the employer did not suffer any prejudice for the late notice. In
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Compensability of Stress Claims Based On Workplace Harassment

One of the more frustrating areas of Workers’ Compensation law is stress claims. Often, the extent of a claimant’s disability is based solely on their subjective complaints because there is no apparent physical disability. Doctors are sympathetic to their patients and readily determine that their work environment is the source of their stress. This can be difficult to defend against, especially when the evidence suggests that the claim arises from
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The C-3: Often Overlooked as a Major Tool for Important Defenses

Oftentimes the C‑3 is overlooked as a possible tool to use against the claimant, but there are a few ways the C‑3 can be used to bolster a few major defenses, including violation of Workers’ Compensation Law Section 114(a). First, a C‑3 can be used during the initial investigation of the file. If at the time of the initial investigation of the claim, a C-3 has not yet been submitted,
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Tips for a Safe and Successful Year

The start of a new year is the perfect time to review your list of panel providers. Make certain that your list meets the requirements of at least six designated health care providers. At least three of the providers must be physicians and no more than four can be a coordinated care organization. At least one provider on the list must be a chiropractor. The list must include the names,
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Luck Favors the Prepared: Reducing Exposure and Expense with a Thorough Initial Claims Investigation

The importance of thoroughly investigating a claim at its inception cannot be overly stressed. Whether a case is accepted or controverted, a thorough investigation is necessary to be prepared to raise all defenses at the first hearing to set the case on a course to the least exposure and the most cost-effective management of liability. In the event a case is accepted, a thorough investigation entails getting a detailed reporting
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Seeking Your Nomination

Attention blog readers! This year, the ABA Journal is publishing their first ever “Web 100” celebrating the best of the legal industry on the web. In order to be named, we’ll need your help! Since our launch this past spring, Workers’ Compensation Defense has been your source for current trends and precedent-setting litigation, to claims management and upcoming rule changes. We’ve also established our client portal, where current clients can find information
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