Goldberg Segalla, Author at Workers' Compensation Defense

September 5, 2018 Maryland

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 an oversight, he received a permanent partial disability award on May 2, 2012, which …

August 13, 2018 Illinois

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 reform.

The proposed amendment, Illinois Senate Bill 12, attempts to provide more guidance regarding the …

July 30, 2018 General / New York

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 and is placed at assignments with several employers and is then injured at the site …

July 16, 2018 General / New Jersey

Got Insurance? What You Need to Know if You Are An Uninsured Employer in New Jersey

Under New Jersey law, every corporation, limited partnership, as well as any employer required by law to submit an annual report, must provide valid proof of workers’ compensation coverage as part of its annual report. There are two ways that an employer can demonstrate valid proof of workers’ compensation coverage. An employer can either show proof of having coverage with an insurance carrier or by being self-insured. A self-insured employer must provide documentation by way of a current order from the Commissioner of Banking and …

June 25, 2018 General

Minor Issues When A Minor Gets Injured At Work

While not very common, if a minor is hired and then injured on the job, the trajectory of this particular compensation claim will be slightly different than the typical workers’ compensation claim. The most significant difference is that a penalty will be imposed against the employer if the employment of the minor is found to be illegal by the Workers’ Compensation Board.

Workers’ Compensation Law Section 14-a governs compensation issues when illegal employment of a minor is found. If, at the time of the accident, …

June 24, 2018 General / Trucking

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 common traps in the claims process. Ben concludes with tips on fortifying post-claim investigations.…

June 18, 2018 Going and Coming Rule / Maryland

Summary Judgment and the “Coming and Going” Doctrine: It’s Complicated

Injuries occurring during an ordinary commute to and from work are not compensable under the Maryland Workers’ Compensation Act. The “coming and going” doctrine has always required in in-depth factual analysis for each case to determine if any exceptions to this doctrine apply. The Court of Appeals recently decided what should be considered a factual or legal determination in the context of a summary judgment decision on this issue. Calvo v. Montgomery Cty., No. 48, SEPT. TERM, 2017, 2018 WL 2296349 (Md. May 21, …

June 11, 2018 Disability Benefits / Maryland

Maryland’s Second Highest Court Recounts and Applies Critical Zakwieia and Reger Cases in Rendering New Opinion

The 2017 calendar year saw the introduction of two prominent cases addressing the offset afforded under Labor and Employment Section 9-610 and two simple words: “similar benefits.” Two cases, two words … little to no clarity. Now, 2018 has seen its first opinion from Maryland’s highest court addressing the critical statute governing disability benefits owed to covered employees of governmental units or quasi-public corporations.

A more complete analysis of the Zakwieia and Reger cases can be can be found in previous post. However, the …

June 10, 2018 General

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 will result in progress toward reducing unnecessary costs for employers. However, as Todd explains, the …