Medication and Transportation (M&T) Reimbursement in New York: A Primer

New York Workers’ Compensation Law (WCL) dictates that an injured worker is entitled to reimbursement for certain expenses relating to an established compensable claim. WCL Section 13(a) provides that an employer is obligated to provide an injured employee with such medical, surgical, or other attendance or treatment as the nature of the injury or the process for recovery may require. In kind, courts have ruled that transportation costs incurred in connection with medical treatment are compensable if reasonable, and that the statute should be interpreted …

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A Quick Guide on How to Navigate Claims That Occur Outside of North Carolina

Whether the North Carolina Industrial Commission has jurisdiction to adjudicate a workers’ compensation claim can be critical to a claim’s defense. A scenario where this issue commonly arises is when an employee is injured outside of the state of North Carolina, yet chooses to file a North Carolina claim.

N.C. Gen. Stat. Section 97-36 is the statute governing the North Carolina Industrial Commission’s jurisdiction over claims arising from accidents occurring outside of the state. Of particular importance, the North Carolina Court of Appeals has held …

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When Does an Injury at Work Actually Arise Out of Employment in New Jersey?

For a work-related injury to arise out of employment, there must be a causal relationship between the employee’s injury and their employment. Simple concept, right? Well, maybe not. Consider the following hypothetical scenarios:

  • A worker faints while sitting at their desk
  • A worker is walking and, for no explicit reason, their lower back locks
  • A worker suffers a stroke while making coffee in the office kitchen

The above scenarios are all unlikely to have risen out of employment within purview of the court. Why? It …

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Maryland’s Second Highest Court Finds Despite Full and Final Settlement, Death is Only the Beginning

In a hot-off-the-press opinion, Maryland’s Court of Special Appeals has held that language within an agreement of final compromise and settlement releasing an employer/insurer from all future claims could not bar a spouse’s claims to death benefits in a workers’ compensation claim.[i]

On June 13, 2012, Bernard Collins (the decedent) filed a workers’ compensation claim against Huntingtown Volunteer Fire Department, and two of its insurers, Chesapeake Employers Insurance Company and Selective Insurance Company of America, seeking an occupational disease claim for heart disease and …

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Maryland Court of Appeals Holds That for Occupational Diseases, It’s About the Whole Picture

In a recently reported opinion, the Maryland Court of Appeals held that the Circuit Court for Baltimore County did not abuse its discretion in finding that the claimant, an employee of Baltimore County, had degenerative meniscal tears classifiable as an occupational disease arising out of and in the course of his employment. Baltimore County. v. Quinlan, 215 A.3d 282 (Md. 2019).

In October 2015, the claimant filed a claim against Baltimore County with the Maryland Workers’ Compensation Commission, asserting that he had developed meniscal …

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Maryland’s High Court Reverses Course and Strengthens Modification Powers of the Workers’ Compensation Commission

The Maryland Court of Appeals recently overturned the lower court’s decision limiting the Workers’ Compensation Commission’s (WCC) revisory powers. The Court of Special Appeals previously found the WCC did not have authority to retroactively modify a claimant’s rate of compensation. However, the high court has reversed course and affirmed the commission’s broad powers in the case of Peter Gang v. Montgomery County, No. 67 Sept. Term 2018, 2019 WL 2574657 (Md. Ct. App. June 24, 2019).

By way of background, the claimant, Peter Gang, …

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Garrett v. Goodyear Tire & Rubber Co.

In a recent case, Garrett v. Goodyear Tire & Rubber Co. (Garrett II), the North Carolina Court of Appeals affirmed the Industrial Commission’s determination that a claimant was not disabled due to her failure to engage in a reasonable job search. This case was before the North Carolina Court of Appeals a second time.

In its first hearing on the matter, the Industrial Commission concluded the claimant’s neck injury was compensable and awarded her total temporary disability compensation (TTD) for a 14-month period. Both parties …

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The Importance of Safety in the Food & Beverage Industry

Restaurants and bars are susceptible to a variety of workers’ compensation claims based on their fast-paced nature. As attorneys, identifying areas of concern when walking into a restaurant or bar becomes second nature. We consider: how do you address an accident before it becomes one? How do you prevent injuries when working in an environment and an industry that is so susceptible to them?

The clear and concise answer is to focus on training and awareness. It is imperative that safety remains the top priority …

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Timing Negotiations Where Claimant Has a Third Party Action

Clients frequently seek advice on how to resolve workers’ compensation claims. Often, as attorneys, we are in the best position to negotiate a settlement when we have some leverage on issues impacting a claimant’s entitlement to benefits, such as cases where labor market attachment has been raised or a client’s consultant is of the impression that a claimant has no further causally related disability. In short, timing is everything in negotiations.

Timing is also important when attempting to resolve a workers’ compensation claim where the …

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Connecticut Workers’ Compensation Commission Issues Important Update to Professional Guidelines Regarding One-Time Evaluations and Second Opinions

On August 29, 2019, Connecticut Workers’ Compensation Commission (WCC) Chairman Stephen M. Morelli issued Memorandum No. 2019-07 regarding updates to the Professional Guide for Attorneys, Physicians, and Other Health Care Practitioners Guidelines for Cooperation. Specifically, the memorandum highlights changes to the Professional Guide with respect to one-time medical evaluations and second opinions.

By way of background, the Professional Guide is a guidance document produced by the Workers’ Compensation Commission intended to improve the interaction between attorneys, physicians, and other health care professionals in the …

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