PFME: What Exactly Does it Mean and Why is it Important to Understand?

As we all know when a workers’ compensation claim is brought forward, the claimant needs to prove two basic points: (1) that he or she has an injury or illness and (2) that the illness or injury was obtained while in the course and scope of his or her employment. For a claim that is accepted from its inception, the above two points are generally easy to find in the
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Is a Workplace Injury Caused by a Non-Occupational Medical Condition Compensable? Connecticut Appellate Court says “Yes” in Clements v. Aramark Corporation

It is a fundamental principle of Connecticut workers’ compensation law that in order for an injury to be compensable, it must occur in the course of and arise out of the claimant’s employment. In the recent Appellate Court decision of Clements v. Aramark Corp., the court considered whether an employee who fell and injured herself at work due to an unrelated medical condition met this burden. In a critical decision
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The Gig is Up: Couriers in the Gig Economy are not Employees in New York

The gig economy is an example of the changing workforce in our society. With that change comes the challenge of determining the employment status, under the law, of couriers who perform services in the gig economy. The appellate court in New York State recently tackled that challenge in Vega v. Postmates Inc., 162 A.D.3d 1337 (3d. Dept. 2018) and held that such couriers are not employees for the purpose of
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Exercising At Work Could Cause Claimants to Exercise their Rights to Workers’ Compensation Benefits

Many employers offer a wide variety of benefits to their employees, including on-site gym memberships. While it may be a benefit to the employee, it could lead to Workers’ Compensation liability to the employer. Generally, for an accident to be compensable, it must both occur in the course of employment and arise out of the employment. In order to find that an accidental injury occurred in the course of employment,
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Does a Denial of a “Defective” RB-89 Constitute a Denial of Due Process?

Recently, the Workers’ Compensation legal community has seen a series of decisions issued by the Workers’ Compensation Board that seem to mark a change in policy on behalf of the Workers Compensation Board. Specifically, the decisions have focused around one crucial issue- does a party’s failure to properly and fully completely fill out the required form to maintain an application for board review or rebuttal (RB-89 or RB-89.1) render the
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Difficulties and Questions Presented by the Board’s New Digital Audio Recordings

Since the inception of the statewide virtual hearing platform in March of this year, there have been many concerns over the efficiency and effectiveness of the new hearing process. One of the major concerns has been whether there will be a clear, concise, and easily accessible record of workers’ compensation hearings. The virtual hearing platform brought with it a digital audio recording system that records all workers’ compensation hearings verbatim.
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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
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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
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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
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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
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