PFME: What Exactly Does it Mean and Why is it Important to Understand?

As we all know when a workers’ compensation claim is brought forward, the claimant needs to prove two basic points: (1) that he or she has an injury or illness and (2) that the illness or injury was obtained while in the course and scope of his or her employment. For a claim that is accepted from its inception, the above two points are generally easy to find in the
Continue reading...

North Carolina Industrial Commission Uncovers Workers’ Compensation Fraudulent Activity in Craven County, North Carolina

The North Carolina Industrial Commission recently charged a woman with workers’ compensation fraud in Craven County, North Carolina. Ms. Kimberly Ann Sutton has been charged with two counts of workers’ compensation fraud and two counts of obtaining property by false pretense. Fraud investigators found evidence that Ms. Sutton was working at the same time that she was simultaneously receiving workers’ compensation benefits. There was also evidence that she failed to
Continue reading...

Is a Workplace Injury Caused by a Non-Occupational Medical Condition Compensable? Connecticut Appellate Court says “Yes” in Clements v. Aramark Corporation

It is a fundamental principle of Connecticut workers’ compensation law that in order for an injury to be compensable, it must occur in the course of and arise out of the claimant’s employment. In the recent Appellate Court decision of Clements v. Aramark Corp., the court considered whether an employee who fell and injured herself at work due to an unrelated medical condition met this burden. In a critical decision
Continue reading...

Moratorium to all Moratoriums

Public Act No. 11-205 significantly impacts the way in which the Connecticut Worker’s Compensation Act (C.G.S. § 31-275 through 31-355b) is applied. Generally, under Connecticut’s Worker’s Compensation laws, when an employee is injured in a work related accident, he/she is entitled to worker’s compensation benefits for their injuries. The employer is required to pay both indemnity and medical benefits, in exchange for the employee’s right to sue. However, if the
Continue reading...

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.
Continue reading...

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
Continue reading...

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
Continue reading...

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,
Continue reading...

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
Continue reading...

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
Continue reading...