Using Labor Market Surveys to Rebut Disability

An issue that is frequently encountered in workers’ compensation claims is whether a claimant can prove disability — i.e., whether the claimant can show that they are incapable of earning their pre-injury wages at the same or any other employment as a result of their work-related injury. One tool that employers can use to rebut evidence of disability is a labor market survey prepared by a vocational rehabilitation expert. To
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Candy Cane Catastrophe: A Brief Look at Workers’ Compensation Defenses in New Jersey

With the holidays quickly approaching, it is important to keep in mind a number of issues that may arise when co-workers gather to celebrate. Many employers host year-end holiday parties to recognize another year gone by and to celebrate the many successes of the company. In the unfortunate event that an employee is injured during the most wonderful time of the year, it is important to remember the guiding principle
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Incarceration Upon Conviction of a Felony and its Effects on Attachment to the Labor Market

Attachment to the labor market is an important issue among employers and carriers. By pushing this issue, we can attempt to reduce indemnity costs and aid in the claimant’s return to work. Generally, a claimant who is temporarily partially disabled must show that he or she is attached to the labor market to be entitled to workers’ compensation benefits. The claimant need only seek employment within his or her restrictions,
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American Patriotism Honored: 9/11 First Responders Receive the Health Benefits They Deserve

On September 11, 2019, some of New York’s greatest heroes were honored as Gov. Cuomo signed legislation to aid first responders who developed a qualifying health condition due to harmful exposure after those dreadful attacks 18 years earlier. This legislation reminds all New Yorkers that while the effects of this horrific day continue to live physically and emotionally within first responders, New York City will continue to connect them to
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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
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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
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Leveraging Compromises in the New York Workers’ Compensation System

Compromises are a vital and frequent part of the workers’ compensation litigation process. However, one should take care to avoid negotiating them out of habit. With two doctors giving irreconcilable opinions, parties will often agree to split benefits straight down the middle in lieu of litigation. Sometimes, such as when both parties concede partial disability and are within a close margin, this is a helpful way to allay costs of
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Missing Check: The Status of the Law

Oftentimes, when parties in a workers’ compensation matter agree to settle or when the claimant is entitled to certain indemnity benefits, the carrier sends payment to the claimant by mailing a check to an address provided by the claimant. There are situations, though, when the check goes missing or is stolen, perhaps in transit or at the address provided by the claimant. This begs the question – what are the
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The Effect of Immigration on New York Workers’ Compensation

New York state has one of the largest undocumented immigrant populations in the nation, coming in fourth behind Texas, California, and Florida. According to the most recent study taken by Pew Research Center in 2016, 725,000 unauthorized immigrants lived in New York state. Although it is illegal for employers to hire immigrant workers who are not documented and authorized to work in the United States, whether it is intentional or
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Construction Sites, Injured Contractors & Workers’ Compensation

In Connecticut, the “traditional” rules of workers’ compensation are relatively well established. A restaurant employee cuts his finger preparing food on shift; a home health aide pulls a muscle in her back while moving a patient on shift; a delivery truck driver gets into a motor vehicle accident while delivering to a customer. But what if you are a contractor or subcontractor on a job/site and get injured? Do you
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