On June 4, 2018, the New York Workers’ Compensation Board in Our Lady Victory of Homes officially directed a carrier to reimburse a claimant for medical marijuana expenses. G085 6672, 2018 WL 2752819 (N.Y. Work. Comp. Bd. June 4, 2018). This decision has been in the making since February of this year, when the board panel found in WDF Inc. that reimbursement is proper if the medical provider requests a variance from the Medical Treatment Guidelines (MTG). G140 3803, 2018 WL 1723750 (N.Y. Work. Comp. …
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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 when illegal employment of a minor is found. If, at the time of the accident, …
Continue ReadingPodcast: 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 common traps in the claims process. Ben concludes with tips on fortifying post-claim investigations.…
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Summary Judgment and the “Coming and Going” Doctrine: It’s Complicated
Injuries occurring during an ordinary commute to and from work are not compensable under the Maryland Workers’ Compensation Act. The “coming and going” doctrine has always required in in-depth factual analysis for each case to determine if any exceptions to this doctrine apply. The Court of Appeals recently decided what should be considered a factual or legal determination in the context of a summary judgment decision on this issue. Calvo v. Montgomery Cty., No. 48, SEPT. TERM, 2017, 2018 WL 2296349 (Md. May 21, …
Continue ReadingMaryland’s Second Highest Court Recounts and Applies Critical Zakwieia and Reger Cases in Rendering New Opinion
The 2017 calendar year saw the introduction of two prominent cases addressing the offset afforded under Labor and Employment Section 9-610 and two simple words: “similar benefits.” Two cases, two words … little to no clarity. Now, 2018 has seen its first opinion from Maryland’s highest court addressing the critical statute governing disability benefits owed to covered employees of governmental units or quasi-public corporations.
A more complete analysis of the Zakwieia and Reger cases can be can be found in previous post. However, the …
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Changes to Workers’ Compensation Benefits for First Responders in Florida
Florida Statute 112.18, commonly referred to as the “Heart/Lung Bill,” offers added legal protection for police, fireman and correctional officers who suffer from heart disease, high blood pressure, or tuberculosis. This is codified in Section 112.18(1)(a), which specifically states that:
… Continue ReadingAny condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, heart
Podcast: Hidden Costs of New York Workers’ Comp Reforms
Todd Jones, a partner in our Garden City office, recently appeared on Goldberg Segalla’s Timely Notice podcast to discuss the hidden costs of New York’s 2017 overhaul of its workers’ compensation system. Todd begins by illustrating how previous changes to the system resulted in exorbitant indemnity costs for employers. Todd notes how the recent reforms were intended to remedy this issue. He gives his prediction on a recent change that will result in progress toward reducing unnecessary costs for employers. However, as Todd explains, the …
Continue ReadingWCB Announces Proposals to Improve Medical Care for Injured Workers (At the Cost of Everyone Else?)
Last month, the New York State Workers’ Compensation Board (WCB) announced various proposals to improve medical care for injured workers (Subject Number 046-1058). While these proposals appear to be reasonable improvements for injured workers, if approved, they will come at an increased cost for employers, insurance carriers, and third-party administrators. This cost will not only be felt financially, but also in the ability to defend claims.
First, the financial cost is easily seen and will be felt by the WCB’s proposal to increase medical fees …
Continue ReadingWhat Did You Know and When Did You Know It? The Meaning and Impact of Knowledge in Occupational Disease Claims
There are statutes of limitation relating to occupational diseases which reference the claimant’s knowledge of their condition and other factors. Generally, I find that people tend to misinterpret the meaning of knowledge in these contexts; as such, I will endeavor to provide you with a general idea of what this means in a workers’ compensation context in New York claims.
The first reference I’ll discuss comes from New York Workers’ Compensation Law Section 28. This section governs the timely filing of claims and limits filing …
Continue ReadingDefending Against Darcon: The Policy Language is Controlling
In 2011, the Board Panel issued a decision in Employer: Darcon Construction (2011 NY Wrk comp G0223167), which contained one throwaway line that has been causing confusion at the hearing level ever since. In this case, a specific work site was covered by a wrap up policy. The Board Panel found that no discrete accident occurred at the work site, therefore, the proper carrier was the carrier of the general employer’s workers’ compensation policy. Wrap up policies refer to such owner or carrier controlled policies …
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