Goldberg Segalla

All articles by Goldberg Segalla

 

Maryland Statutes of Limitation are Not Liberally Construed in Favor of the Claimant

Bonnie Miller v. Jacobs Technology, Inc.[1] , an unreported case handed down from the Court of Special Appeals earlier this year is unequivocal in its holding that the all statutes of limitation in the Workers’ Compensation Act will not be liberally construed in favor of the claimant. In Bonnie Miller v. Jacobs Technology, Inc., the claimant sustained an accidental injury on September 29, 2011 and filed a claim with the commission
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New Year, New Compensation Rates!

Every year, the Maryland legislature mandates the Workers’ Compensation Commission to determine the maximum compensation rates for the state Average Weekly Wage. The Department of Labor and Licensing Regulation computes the state Average Weekly Wage and provides that figure to the Commission for consideration of compensation rates for the fiscal year. This year, the Average Weekly Wage of workers covered by Maryland Unemployment is $1,116.00, an increase of 2% from
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Don’t Strike Out! Coverage Needed for Traveling Professional Athletes

Consider the following scenario: an applicant filed a claim against the Arizona Diamondbacks for a date of injury of April 1, 2000 through June 1, 2010. The claim was filed August of 2018. He traveled to the state of California to play the Dodgers on six occasions throughout his entire professional baseball career. We first consider how we can combat these types of claims in the state of California. As
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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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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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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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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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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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Admissibility and Disclosure of Social Media Information

Facebook. Twitter. Instagram. Social media platforms have become useful sources for carrier investigation and surveillance of injured workers. Claimants utilize these social media platforms on a daily basis, posting a variety of photographs and videos. Often these photographs and videos contradict claimants’ allegations that they are “totally disabled” from performing any type of activity, allowing carriers and employers to raise fraud under Workers’ Compensation Law Section 114(a). Generally, in order
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Denied Again! Bronx Civil Court Rejects Request of Out-of-State Providers to Re-Litigate Denied Medical Billing

One of the most basic and well-settled tenets of New York law is that the Workers’ Compensation Board maintains exclusive subject matter jurisdiction over all work-related claims and collection disputes. However, in 2015, a small law firm based out of Westbury, New York sought to disrupt the system by commencing several hundred lawsuits in Civil Court, Bronx County on behalf of out-of-state pharmaceutical and durable medical equipment providers arising out
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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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Your Injury Happened Where? New Jersey Appellate Division Rejects Two Attempts to Avoid the Going and Coming Rule

Two recent decisions by the New Jersey Appellate Division upheld the strength of the “going and coming” rule to bar workers’ compensation claims that did not occur at work. In New Jersey, injuries that occur during routine travel to and from work are not compensable. This comes from principle found in N.J.S.A. 34:15-36 (defining “employment”) that generally, employment starts when the employee arrives at his place of employment, and terminates
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When is Late Payment of Settlement Monies Excused?

Once a penalty for late payment pursuant to an approved settlement agreement is assessed under N.Y. Workers’ Compensation Law § 25 (3) (f), it is automatic, mandatory, and self-executing. This means that virtually no excuse will get you out of paying the hefty fine of 20 percent of the overall settlement agreement and an additional $50 fine due to the state treasury. An office error or clerical mistake will not
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