General Archives - Page 2 of 5 - Workers' Compensation Defense

April 15, 2019 Disability Benefits / General

Maryland Statutes of Limitation are Not Liberally Construed in Favor of the Claimant

Bonnie Miller v. Jacobs Technology, Inc.[1] , an unreported case handed down from the Court of Special Appeals earlier this year is unequivocal in its holding that the all statutes of limitation in the Workers’ Compensation Act will not be liberally construed in favor of the claimant.

In Bonnie Miller v. Jacobs Technology, Inc., the claimant sustained an accidental injury on September 29, 2011 and filed a claim with the commission in October 2011. The claim was not contested by the employer and an …

One Missing IME, Too Many

I recently attended a hearing that was scheduled pursuant to claimant’s RFA-1, requesting reinstatement of awards. You’re probably wondering, why were awards suspended in the first place? Because claimant had missed three scheduled independent medical examinations (IMEs)! She also did not have current medical evidence of a further causally related disability at the last hearing. The prior notice of decision read wonderfully, “suspension is effective until such time that the claimant produces up to date evidence of disability and indicates a willingness to attend the …

April 8, 2019 General / New York

Combating Injured Workers’ IME Reports

Employers, carriers, and third-party administrators are all too familiar with Section 137 of the New York Workers’ Compensation Law and 12 NYCRR Section 300.2, as they govern Independent Medical Examinations (IMEs). Failure to meet or substantially comply with the necessary requirements of Section 137 puts you at risk of having your IME report precluded by a workers compensation law judge. The same holds true for injured workers when they are the party that produces an IME report. As such, it is important to recognize when …

March 14, 2019 General / New York

How Does it Work? Incarceration and Workers’ Compensation Benefits

The incarceration of a claimant receiving workers’ compensation benefits can be used as a defense to payment of indemnity benefits based on two similar, but distinct, arguments.

In general, where the carrier has been directed to pay workers compensation indemnity benefits by the New York Workers’ Compensation Board, the carrier may only suspend indemnity benefits unilaterally (without a new direction from the board) in certain circumstances. Per 12 NYCRR Section 300.23(b)(3)(iv), the carrier is allowed to suspend with proof of the claimant’s incarceration upon conviction …

March 7, 2019 General / North Carolina

Forum Section Critical in Carolina UIM Benefits Case

A recently published North Carolina Court of Appeals workers’ compensation case highlights an issue for consideration when there is an opportunity to select a forum for workers’ compensation benefits involving a claim where UIM benefits are a potential recovery source for subrogation.

In Walker v. K&W Cafeterias, Robert Walker (decedent) was killed in a motor vehicle accident while driving a truck for his employer, K&W Cafeterias, Inc. K&W is a North Carolina corporation, but the accident occurred in South Carolina and decedent was a resident …

February 25, 2019 General / North Carolina

The Current State of the North Carolina Industrial Commission

Before Governor Cooper was set to take office in 2017, the North Carolina legislature allowed outgoing Governor, Pat McCrory, to appoint Charlton Allen as the chair of the North Carolina Industrial Commission. McCrory also appointed Yolanda Stith as vice-chair of the commission and provided her with a nearly nine-year term.

Following McCrory’s appointments, incoming Governor Cooper brought suit against Senate Leader Philip Berger and House Speaker Tim Moore, as well as Charlton Allen and Yolanda Stith.

In an order and judgment filed on December 3, …

February 19, 2019 General / New York

Make the Other Guy Pay: Using Loss Transfer to Recover First-Party Benefits When Subrogation Just Won’t Do

The New York “No-Fault” insurance scheme gives persons injured in a motor vehicle accident the right to recovery for basic economic losses. In a situation where a person is injured at work in a motor vehicle accident, a Workers’ Compensation insurer becomes the first-party benefits provider. As the Workers’ Compensation insurer/self-insurer is now burdened with the payment of benefits that may have been caused by a negligent motorist insured by another entity, Loss Transfer provides some options for relief.

The New York State Department of …

February 19, 2019 General / LOWEC / New York

Taher and Effect on Permanency Awards for Claimants with Both Schedulable and Classifiable Conditions

The New York State Supreme Court Appellate Division recently decided the case of Taher v. Yiota Taxi, Inc., in which it addressed the specific situation where a claimant is classified with a permanent partial disability and designated with a loss of wage earnings capacity (LWEC), but has both classifiable and schedulable conditions. The court has determined that a claimant may ultimately receive a schedule loss of use award (SLU) even if they are classified.

Previously, it has been the practice of the Board to …

February 4, 2019 General

The Importance of Due Diligence on Workers’ Compensation Matters

When you assign the handling of a workers’ compensation matter, it is imperative that the law firm handling the matter properly investigates the claim before proceeding to a causal relationship and/or permanency evaluation examination and definitely before engaging in settlement negotiation. The handling law firm, when applicable, should be obtaining the following: all authorized medical records, all unauthorized medical records, an ISO search claims report (lists all reported claims), run New Jersey Courts On-Line for any other workers’ compensation claim petitions, signed medical authorization(s) for …

February 1, 2019 Connecticut / General

2019 Mileage Rates Reach Second Highest in Twenty Years

Every year the Internal Revenue Service (IRS) issues the annual mileage rates, and like clockwork, the IRS has released the updated rates for 2019. This year the mileage rate has increased from 54.5 cents per mile to 58 cents per mile, which reflects a 6.42 percent increase from 2018. A review of the mileage rates from 1997 to present show rates as low as 31 cents (1999) and as high as 58.5 center (July to December 2008). The rate has only exceeded the 58 …