In response to the COVID-19 pandemic, the Connecticut Workers’ Compensation Commission has instituted temporary emergency guidelines that will directly impact the day-to-day operations of the Commission as well as the speed at which cases will be heard. In response to this unprecedented event, the Commission has postponed all dockets for March 17, 2020 and March 18, 2020 to facilitate its transition to a primarily telephonic docket beginning March 19, 2020. Any emergency cases postponed due to the two-day closure will be scheduled for a telephonic …Continue Reading
In a post-2007 reform world, the percentage disability became more important for one major purpose: establishing a capped benefit system for nonscheduled awards. From a carrier perspective, this was a positive and a step in the right direction as the Board was finally placing limits on the number of weeks that a claimant with a partial disability rate can receive benefits. The issue arose then of what to do with a claimant who was classified with a nonscheduled award, but subsequently had a period of …Continue Reading
In order for an Independent Medical Examination (IME) report to be compliant with Section 137 of the Workers’ Compensation Law, a copy of each report must be submitted by the practitioner on the same day and to the Board, the insurance carrier, the claimant’s attending physician or practitioner, the claimant’s representatives, and the claimant themselves in the same manner (WCL Section 137(1)(a)). “If a practitioner who has performed or will be performing an independent medical examination of a claimant receives a request for …Continue Reading
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 …Continue Reading
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 …Continue Reading
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 rights and obligations of the carrier under the law?
In prior stolen check cases, the …Continue Reading
In an ideal workers’ compensation system, all parties would keep to the letter of the law. However, courts’ rules are oftentimes relaxed within our system and often not followed. In handling any New Jersey workers’ compensation claim petition, employers, employers’ attorneys and claims professionals must be diligent in making sure that employers’ fundamental rights are not violated by this relaxed approach. All parties, petitioners, and respondents have the right to due process. This right includes procedural due process and substantive due process. For instance, one …Continue Reading
At a recent OSHA training course, multiple construction workers expressed that their biggest concern regarding safety was associated with how their employer respected their own safety at a job site. If their employer respected safety over rushing a project and cutting corners, the construction workers expressed that they noticed fewer worker-related injuries.
While the construction employer may believe they are saving costs by completing a project quickly, this could cost more in the long run as rushing comes with a higher risk of injuries. As …Continue Reading
It is easy to accept preauthorized surgeries as a foregone conclusion where the site of surgery is established and the procedure is approved by the Medical Treatment Guidelines. However, it shouldn’t be.
Earlier in 2019, Goldberg Segalla’s workers’ compensation team won an appeal on this very issue. The claimant underwent preauthorized left shoulder surgery on a file established to the left shoulder for an injury that occurred in 2016. However, the claimant underwent left shoulder surgery secondary to a 2004 motor vehicle accident prior to …Continue Reading
We have all been there. The workers’ compensation law judge has directed the carrier to produce an Independent Medical Examination (IME) within a specified number of days. Somehow, we managed to get the report completed timely, even after many scheduling attempts, cancellations, or claimant no-shows. Then, your IME consultant failed to address the key questions.
We can try our best to have the law judge grant the carrier an opportunity to obtain an addendum, but the reality is that we run the risk of preclusion …Continue Reading