Disability Benefits Archives - Workers' Compensation Defense

March 16, 2020 Disability Benefits / New York

Practice Tips and Tactics Involving Additional Providers in New York

On January 1, 2020, additional medical providers have been authorized to treat claimants under the New York State workers’ compensation system. Physicians, chiropractors, podiatrists, and psychologists are joined by physical therapists, occupational therapists, physician’s assistants, nurse practitioners, licensed clinical social workers, and acupuncturists as Board-authorized providers. Not all approved providers have blanket approval from the Board, though. The differences in approval of the expanded providers give the carriers and self-insured employer the upper hand in some situations under New York State workers’ compensation.

Of note, …

Increasing Rights: Osterlund Benefits for the Undocumented Individual & Medical Marijuana Benefits

The Connecticut workers’ compensation system is designed to assist the injured worker when claiming a valid and compensable injury. Over the years, the rights of the injured worker have been expanded, amended, and challenged. Recently, two Connecticut Review Board (CRB) decisions increased those rights once again.

Medical marijuana use has been legalized in several states; however, it is not federally legalized, which causes various issues. In Connecticut, recreational marijuana use is still illegal, while medical marijuana for certain conditions (i.e., chronic back pain, anxiety, etc.) …

February 24, 2020 Disability Benefits

Using the Labor Market Attachment Defense to Your Advantage During a LWEC Trial

Under Workers’ Compensation Law Section 15(3), if a claimant has a permanent impairment to a non-schedule site, then the claimant is compensated for his or her actual loss of wage earning capacity (LWEC) caused by the disability. This stage in workers’ compensation litigation is known as classification. During the LWEC trial, the law judge not only considers a claimant’s permanent medical impairment but also vocational factors such as age, education, language ability, work history, and transferrable skills that may mitigate or aggravate the percentage of …

December 16, 2019 Disability Benefits / North Carolina

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 …

December 16, 2019 Disability Benefits / New Jersey

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 …

December 9, 2019 Disability Benefits / North Carolina

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 enhance their evidentiary value, labor market surveys should be specifically tailored to the claimant’s individual …

November 25, 2019 Disability Benefits / New Jersey

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 of workers’ compensation: the employer is responsible for an injury that occurs in the course …

November 25, 2019 Disability Benefits

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, provided by the treating physician, and for a position for which he or she is …

November 25, 2019 Disability Benefits / Legislation / New York

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 health benefits.

First responders who helped in providing service on September 11 suffered drastic health …

November 11, 2019 Disability Benefits / Maryland

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, …