Idiopathic Injuries: Dealing with Injuries that Occur at Work, But Are Not Work-Related in New Jersey

We have all come across the case where an employee is injured at work, but the injury doesn’t seem to arise from something we would consider work-related. The injury could have just as easily happened at some time or place other than while the employee was at work. For example, the worker is walking down an aisle toward his workstation, his ankle gives out, and he falls. He didn’t trip.
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The Gig is Up: Couriers in the Gig Economy are not Employees in New York

The gig economy is an example of the changing workforce in our society. With that change comes the challenge of determining the employment status, under the law, of couriers who perform services in the gig economy. The appellate court in New York State recently tackled that challenge in Vega v. Postmates Inc., 162 A.D.3d 1337 (3d. Dept. 2018) and held that such couriers are not employees for the purpose of
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Limitations on the Revisory Powers of the Workers Compensation Commission

While unreported, the Court of Special Appeals has interpreted some boundaries to revisory powers in the case of Montgomery County, Maryland v. Peter Gang, No. 00768 Sept. Term 2017, 2018 WL 3801772 (Md. Ct. Spec. App. Aug. 9, 2018). The background of the case establishes that the claimant, Peter Gang was a public safety worker for Montgomery County at the time of his September 17, 2011 work injury. Due to
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Exercising At Work Could Cause Claimants to Exercise their Rights to Workers’ Compensation Benefits

Many employers offer a wide variety of benefits to their employees, including on-site gym memberships. While it may be a benefit to the employee, it could lead to Workers’ Compensation liability to the employer. Generally, for an accident to be compensable, it must both occur in the course of employment and arise out of the employment. In order to find that an accidental injury occurred in the course of employment,
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Does a Denial of a “Defective” RB-89 Constitute a Denial of Due Process?

Recently, the Workers’ Compensation legal community has seen a series of decisions issued by the Workers’ Compensation Board that seem to mark a change in policy on behalf of the Workers Compensation Board. Specifically, the decisions have focused around one crucial issue- does a party’s failure to properly and fully completely fill out the required form to maintain an application for board review or rebuttal (RB-89 or RB-89.1) render the
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Illinois Legislature Looking to Reduce Costs by Reforming Risk

Illinois has recently proposed legislative reform to the Illinois Workers’ Compensation Act. The ultimate goal of the proposed legislation is to reduce costs of litigation and exposure for workers’ compensation injuries. While it is important to deliberate proposed legislation, it is also important to remember its impact is undecided. The following is an analysis of one particular proposed amendment regarding neutral risk, which may not meet the goals of legislative
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Difficulties and Questions Presented by the Board’s New Digital Audio Recordings

Since the inception of the statewide virtual hearing platform in March of this year, there have been many concerns over the efficiency and effectiveness of the new hearing process. One of the major concerns has been whether there will be a clear, concise, and easily accessible record of workers’ compensation hearings. The virtual hearing platform brought with it a digital audio recording system that records all workers’ compensation hearings verbatim.
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Maryland Courts Affirm that the Average Weekly Wage Will Not be Liberally Construed

The Maryland Workers’ Compensation Act is to be liberally construed in favor of the claimant. However, there are boundaries, one of which is the computation of a claimant’s average weekly wage as the Court of Special Appeals articulated in Stine v. Montgomery County, 237 Md.App. 374 (2018). In Stine, the claimant was working as a volunteer emergency medical technician (EMT) for Montgomery County while studying as a nursing student. On
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“You Can’t Get There From Here”: Maine Supreme Court Says Compelling Medical Marijuana Coverage Conflicts with Federal Law

Recently, the Maine Supreme Court issued a decision that surprised workers’ compensation professionals across the country. In Bourgoin v. Twin Rivers, 2018 ME 77, 2018 WL 2976309 (June 14, 2018), the court decided that a workers’ compensation carrier cannot be compelled to subsidize a claimant’s medicinal marijuana treatment. In that case, the claimant received a certification under the Maine Medical Use of Marijuana Act (MMUMA) for the use of medicinal
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Know Your Client’s Special Preferences

For controverted workers’ compensation claims in New York, the issue of general versus special employment can be raised by your client as a defense to liability. The issue of general versus special employment usually arises in circumstances when the claimant is hired and paid by one employer but works at the location and under the direction of another employer. For instance, a claimant who works for a temporary staffing agency
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