Proposed New York State Bill Proposes Sweeping Changes to NYS Workers’ Compensation System

Assemblyman Harry Bronson and State Senator Jessica Ramos have recently introduced Bill A7045 to the NYS Assembly and Senate that proposes sweeping changes to the NYS Workers’ Compensation System. As discussed below, if the bill were to be passed in its present form, it will have an impact on not only injured worker’s rights to potentially pursue a claim against their employer following a work-related injury, but also on how
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Do it Right or Pay the Price (of Medical Bills)

When an injured worker receives a medically necessary treatment, the employer or insurance carrier is responsible for payment of the treatment when the claim has been accepted or established. See NYCRR section 325-1.25. However, when the treatment is not medically necessary or under the Medical Treatment Guidelines, the carrier can object by filing the New York State Workers’ Compensation Board C-8.1 form (a copy should go to the WCB, the employee,
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On the Road Again: Compensability on the New Jersey Roadways

In New Jersey, an injury sustained during employee’s travel to and from the workplace is generally not a compensable injury. This is commonly referred to as the “going and coming rule.” This rule developed in a time where employees commonly worked in a single, physical location such as an office or a store. The course and scope of an employee’s work began once she arrived at the office or store
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SLU or Not to SLU- That is the Question

Claimants may be entitled to schedule loss of use (SLU) awards for permanent injuries sustained to arms, legs, hands, feet, eyes, fingers, and toes, known as “schedule injuries.” Injuries sustained to the head, neck, and back, known as “nonscheduled injuries,” are typically subject to classification of a permanent partial disability (PPD) or permanent total disability (PTD), based on loss of wage earning capacity. An issue arises when a claimant has
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Getting the Most From the Labor Market Attachment

In New York State, the minimum requirements for the labor market attachment provide a truly low hurdle for a claimant to jump over. Rather than actually attempt to find gainful employment, a claimant usually needs to simply go through the motions: go to a one-stop career center a few times, apply to a handful of jobs each week online, or otherwise spend less than an hour each week trying to
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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
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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
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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
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North Carolina Court of Appeals Affirms Denial of Workers’ Compensation Claim After a Fatal Accident in a Company Vehicle

Gregory S. Horner and Alexandra S. Kensinger of Goldberg Segalla recently secured victory before the North Carolina Court of Appeals. In Wright v. Alltech Wiring & Controls, an employee died as a result of a motor vehicle accident which occurred while he was traveling home from work in a company vehicle. His estate argued that he was in the course and scope of his employment because he was driving a
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New York Workers’ Compensation Full Board Issues Decision Regarding WCL Section 15(3)(w) and the Classification Caps

The New York State Workers’ Compensation Board recently issued a decision in Matter of Jacobi Med. Ctr., No. 00825967, 2019 WL 645558 (N.Y. Work. Comp. Bd. Feb. 11, 2019) ruling that a claimant is only entitled to benefits for the duration of the capped period, regardless of surgeries subsequent to the time of classification. In this case, the claimant was classified pursuant to a February 8, 2012 decision at a
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