Workers' Compensation Defense

February 19, 2019 Going and Coming Rule / Maryland

The Going and Coming Rule Does Not Always Apply

In an unreported opinion, the Maryland Court of Special Appeals held that the Circuit Court for Prince George’s County did not err in finding that a public safety officer, who was injured in an accident while driving his personal motor cycle to retrieve his cruiser before beginning his shift, was a compensable accidental injury under the Maryland Workers’ Compensation Act. Prince George’s County v. Zonn, 1514,SEPT.TERM,2017, 2018 WL 6721767, (Md. Ct. Spec. App. Dec. 21, 2018).

The claimant, a corporal with the Prince George’s …

February 12, 2019 Average Weekly Wages / Maryland

New Year, New Compensation Rates!

Every year, the Maryland legislature mandates the Workers’ Compensation Commission to determine the maximum compensation rates for the state Average Weekly Wage. The Department of Labor and Licensing Regulation computes the state Average Weekly Wage and provides that figure to the Commission for consideration of compensation rates for the fiscal year. This year, the Average Weekly Wage of workers covered by Maryland Unemployment is $1,116.00, an increase of 2% from 2018.

The increase in Maryland’s Average Weekly Wage does not affect the maximum compensation rates …

February 12, 2019 Disability Benefits

Is the Labor Market Attachment Forever Over?

As of 2017, a claimant with a permanent partial disability (PPD) who is entitled to awards when they are classified does not have to demonstrate ongoing labor market attachment (LMA). The mentality since the change in 2017 has been that if a claimant is entitled at classification then there is no way to bring up LMA in the future.

Prior to the 2017 reform, from December 23, 2010 through February 1, 2012, the Third Department Decision in the matter of Zamora (12/23/10), controlled labor market …

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 …

January 22, 2019 General

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 since January 9, 2019 when the New York State legislative session …

January 21, 2019 California

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 of October 8, 2013, AB 1309 was approved by the governor of California. Labor Code …

January 14, 2019 General / New York

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 often arise in the trucking industry, and can leave employers wondering where the claimant will …