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
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I Love You, You’re Perfect, Now Change: Latest Updates on Amending The Compassionate Care Act

At the end of 2018, the original sponsors of the Compassionate Care Act, New York State Senator Savino (D) and Assemblymember Gottfried (D), introduced legislation that will require the following public health insurance plans in New York State to cover medical marijuana: Medicaid Child Health Insurance Plan (CHIP) Workers’ Compensation Elderly Pharmaceutical Insurance Coverage (EPIC) Program, and Family Health Plus Plan. The bill remained inactive in the fall and has yet to be re-introduced
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Don’t Strike Out! Coverage Needed for Traveling Professional Athletes

Consider the following scenario: an applicant filed a claim against the Arizona Diamondbacks for a date of injury of April 1, 2000 through June 1, 2010. The claim was filed August of 2018. He traveled to the state of California to play the Dodgers on six occasions throughout his entire professional baseball career. We first consider how we can combat these types of claims in the state of California. As
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Jurisdictional Speed Bumps in the Trucking Industry

When are Claims Compensable in New York Workers’ Compensation Law? Workers’ Compensation claims are usually straight-forward – a claimant is injured on the job and brings a claim for benefits. Sometimes, though, claims are not always that simple at the outset. A claimant may live in one state, and be injured in a different state, while working for an employer whose base is in a third state. These situations can
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Verbal Threshold Does Not Bar Employers’ Subrogation

Section 40 of the New Jersey workers’ compensation statute allows employers or workers’ compensation carriers to automatically receive reimbursement of benefits paid to an injured worker from a third party tortfeasor – either directly from the tortfeasor, or from an award received by the injured worker in a third party claim. But what happens when an injured worker is barred from suing the third party tortfeasor? Can the employer or
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Recent Trends an “Inextricably Intertwined’ Universe

Oftentimes we see applicants who sustain a specific injury but continue to work thereafter and simultaneously developed a cumulative trauma injury. When evaluating an applicant, the California Labor Code specifically requires a physician to determine what percentage of disability was caused by each industrial injury. This is consistent with the new system of apportionment under SB 899 and the enactment of Labor Code section 4663 and section 4664 which is based
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The Holidays are Over. Is Your Office Party Injury Compensable?

Employers throw annual parties for the employees to commemorate another successful year. Of course, once the music starts going and the drinks start flowing, the employers are left with an annual headache of a question – are employees that were injured in relation to these festivities covered under Workers’ Compensation? While compensability for office party injuries is a highly fact-intensive determination, claimants usually emerge victorious. Generally, even if the party
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Average Weekly Wage Calculation

Average weekly wage (AWW) can be a significant factor in determining a carrier’s exposure in a workers’ compensation case in New York because it is the basis for indemnity benefits calculation for the duration of the case.  The compensation rate on a case is two-thirds of the AWW, subject to a statutory cap. There are several methods for calculating AWW in New York.  New York Workers’ Compensation Law (WCL) §
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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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North Carolina Industrial Commission Uncovers Workers’ Compensation Fraudulent Activity in Craven County, North Carolina

The North Carolina Industrial Commission recently charged a woman with workers’ compensation fraud in Craven County, North Carolina. Ms. Kimberly Ann Sutton has been charged with two counts of workers’ compensation fraud and two counts of obtaining property by false pretense. Fraud investigators found evidence that Ms. Sutton was working at the same time that she was simultaneously receiving workers’ compensation benefits. There was also evidence that she failed to
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