Employees Are Not Always Entitled To Temporary Disability Benefits Following...
Weber Gallagher successfully defended a claim involving a petitioner’s entitlement to disability benefits for a compensable loss. In the matter of Katzenstein v. Dollar General, A-1141-13T3 (2016), the...
View ArticleContinuing Implications of Robert Winchilla v. WCAB (Nexstar Broadcasting)...
For those of us in the Pennsylvania workers’ compensation field, the Commonwealth Court’s decision in Protz v. WCAB (Derry Area School District), brought on several newly filed constitutional...
View ArticleTwo Recent Significant Changes in New Jersey Workers’ Compensation Practice
Director and Chief Judge Russell J. Wojtenko, Jr. has made two significant changes in New Jersey workers’ compensation practice within the past 80 days. On December 11, 2015, the director provided a...
View ArticleEmployers Need to Understand What Constitutes an Employee Versus an Intern
Providing internships is now commonplace in a variety of businesses. Some internships are for school credit and others for pay. Summer, which is not that far away, is a popular time to bring on the...
View ArticleNew Jersey Legislature Seeks to Raise Minimum Wage to $15 – Possible Effect...
New Jersey State Senate President Stephen Sweeney introduced a resolution on February 11, which proposes a ballot referendum to amend the State Constitution to raise the state’s minimum wage to $15 per...
View ArticlePlatelet-rich Plasma: An Alternative Treatment for Injured Workers
Parties to a workers’ compensation case are always looking for ways to better treat the injured worker and get him or her back to work. Platelet-rich plasma (PRP) could be an alternative for treating...
View ArticleAn Award of Total Permanent Disability Does Not Always Preclude an Increase...
In the matter of Catrambone v. Bally’s Park Place/Second Injury Fund, A-3589-13T4 (2015), the Appellate Division of the Superior Court rendered an unpublished decision on whether an employee, who was...
View ArticleBurden Remains on Employer to Prove if Treatment is Unreasonable and Unnecessary
When treatment appears to be endless and costs prove to be quickly mounting, the Utilization Review process may provide refuge for an employer faced with increasing exposure. The Workers’ Compensation...
View ArticleHomeowner’s Liability under the Workers’ Compensation Act
The New Jersey Workers’ Compensation Act is applicable to a broad range of employment relationships. On occasion, the actions taken by a non-traditional party may result in the establishment of an...
View ArticleNew Jersey Supreme Court Rules Employers Cannot Terminate Workers for Going...
In a ruling released on Tuesday, the New Jersey Supreme Court ruled that an employee may not be discriminated against or terminated because he or she is going through a divorce or separation. In 2006,...
View ArticleAn Exception to Exclusive Remedy Doctrine When the Employer Has Capacity...
Generally, when an employee is injured in the course of his or her employment, the benefits payable under the Pennsylvania Workers’ Compensation Act serve as the sole remedy for the employee against...
View ArticleWays an insurer can Protect Itself and Recover Credits and Offsets for...
Despite the many protections afforded to injured workers in Pennsylvania, there are numerous ways that an insurer can financially protect itself and recover credits and offsets for benefits that an...
View ArticleCompounding Creams: Penalties on Top of High Costs
Employers are facing an expensive foe in recent years: compound creams. These pain creams are notorious in the workers’ compensation world often costing much more than pill counterparts. Claims...
View ArticleWhy is New Jersey Workers’ Compensation So Slow
There are many reasons why New Jersey workers’ compensation litigation appears sluggish. One of the primary reasons – claims are filed earlier than needed. The major reason for this is because the...
View ArticlePennsylvania Employers May Be on the Hook When Employees Incur Travel...
There are instances in which employers are responsible for reimbursing an employee’s travel expenses under Section 306(f)(1) of the Pennsylvania Workers’ Compensation Act. They include when a...
View ArticleWorkers’ Compensation Section 40 Lien Rights vs. PIP
There has been much discussion over the past few years concerning the right to subrogate medical benefits that are provided in a workers’ compensation claim when the work accident involves a motor...
View ArticleNew Jersey Governor Vetoes Proposed Minimum Wage Increase
Governor Chris Christie this week vetoed the legislation to raise New Jersey’s Minimum wage to $15. The legislation was passed by the State Legislature on June 23rd and raised the state’s minimum wage...
View ArticleAre Injuries Sustained at Employer-Sponsored Events Compensable?
Every year employees are invited and sometimes even required (or strongly encouraged) to take part in an employer-sponsored event. They may receive an email or see flyers posted in the common areas...
View ArticlePennsylvania Workers’ Compensation Fears Federal Workers’ Compensation...
Once again, the Pennsylvania Workers’ Compensation Administration faces the possibility of federal oversight of workers’ compensation programs nationwide and this has made Pennsylvania legal...
View ArticleStrategies for Challenging the Prescription of Compounds in the Workers’...
BACKGROUND: Workers’ Compensation has experienced a dramatic increase in the prescription of compound medications over the last five years. The reasonableness and necessity of compound medications is...
View ArticlePreclusion of “Double Dipping”
The Commonwealth Court of Pennsylvania recently confirmed the denial of workers’ compensation benefits to an employee, who was receiving benefits for his work injury pursuant to the federal Longshore...
View ArticleNew OSHA Post-Accident Drug Testing Rule
Many employers, as part of a post-accident policy, perform drug testing. As of December 1, 2016, a new rule will be enforced triggering employers to update their policies regarding post-accident drug...
View ArticleCritical Awareness of Claim Documents Essential: Statute Of Limitations Defenses
When considering our obligations to issue various indemnity and medical treatment expense payments on a particular claim, it is essential that in addition to being familiar with the applicable case law...
View ArticleMedicare Update
The Centers for Medicare & Medicaid Services (CMS) issued a statement on December 21, 2016, advising that in 2017 it expects to update its process for re-review of previously approved Medicare...
View ArticleThe Importance of an IME Cover Letter
The independent medical evaluation (IME) is an important part of the management of a workers’ compensation claim, whether the claim is in litigation or not. Once you have selected your medical expert,...
View ArticleUsing the Centers for Disease Control and Prevention’s Guidelines for the...
The Centers for Disease Control (CDC) issued guidelines governing the use of opioid medications for the treatment of chronic pain in a non-terminal illness setting on March 15, 2016. The CDC was...
View ArticleMedical Marijuana: A Possible Cost Reducer for Workers’ Compensation Carriers?
In December, a New Jersey Workers’ Compensation Judge ordered a workers’ compensation carrier to pay for medical marijuana after a trial on the issue. This is the first decision of its kind in New...
View ArticleDiligent Investigation of Workers’ Compensation Claims Prevents Fraud
Every year, workers’ compensation carriers pay out millions of dollars in benefits to employees that have been injured on the job for medical treatment, lost income or permanent disability. While the...
View Article“Coming and Going Rule” Revisited
Generally, the “Coming and Going Rule” precludes an employee’s entitlement to protections under the Pennsylvania Workers’ Compensation Act if he or she sustains an injury in a commute to or from work....
View ArticleThe War Against Drugs in the Pennsylvania Worker’s Compensation System
Now, more than ever, the Pennsylvania Workers’ Compensation system needs to implement stricter regulations and institute programs on narcotic prescriptions. Opioid abuse is a public health crisis that...
View ArticleBest Practices in New Jersey Workers’ Compensation
Recently, there has been a discussion about the use of best practices in New Jersey Workers’ Compensation. The New Jersey State Bar Association Workers’ Compensation Section sent out a letter to the...
View ArticleCommonwealth Court Issues Ruling Limiting Application of the Construction...
Generally, a claimant has the burden of proving the existence of an employer-employee relationship in order to receive workers’ compensation benefits. This means the claimant must prove he or she is an...
View ArticleMedical Marijuana: A Possible Cost Reducer for Workers’ Compensation Carriers?
In December, a New Jersey Workers’ Compensation Judge ordered a workers’ compensation carrier to pay for medical marijuana after a trial on the issue. This is the first decision of its kind in New...
View ArticlePennsylvania House Bill No. 18: A Legislative Initiative to Limit Medical...
Medical costs associated with workers’ compensation claims, specifically those concerning prescription drugs, are a major concern to employers throughout the Commonwealth. Pennsylvania legislators,...
View ArticleEmployer Beware when Taking Out Workers’ Compensation Insurance Coverage
A recent unreported New Jersey Appellate Division decision highlights the importance of employers knowing their businesses and ensuring that they are properly covered by workers’ compensation...
View ArticleA Medicare Refresher
Considering Medicare’s interests in a workers’ compensation claim involves two elements: payment of past medical expenses and payment of future medical expenses. Past medical payments made by Medicare...
View ArticleThe Importance of Seeking Information on Any Pre-existing Injuries
Whether or not an injured worker’s pre-existing conditions represent a defense to the claim they can clearly represent a credit relative to any award of permanency. Prior claims filed with the Division...
View ArticleThe Importance of Seeking Information on Any Pre-existing Injuries
Whether or not an injured worker’s pre-existing conditions represent a defense to the claim they can clearly represent a credit relative to any award of permanency. Prior claims filed with the Division...
View ArticleSpecial Mission Exception and Course of Employment
The general rule in workers’ compensation is that an accident will be compensable when occurring at the employee’s place of employment or in an area under the control of the employer, if the employee...
View ArticleEmployers Be Cautious when Taking Out Workers’ Compensation Insurance Coverage
A recent unreported New Jersey Appellate Division decision highlights the importance of employers knowing their businesses and ensuring that they are properly covered by workers’ compensation...
View ArticleCourt Rules Worker Injured on Day Off Entitled to Workers’ Compensation Benefits
The New Jersey Workers’ Compensation Statute defines compensable accidents as those “arising out of and in the course of employment.” N.J.S.A. 34:15-7. Issues often arise regarding compensability when...
View ArticleMedicaid Liens: Thwarting Settlements
A settled workers’ compensation claim can come undone when liens are discovered after the settlement has been agreed upon. There is always much discussion about Medicare liens in workers’ compensation....
View ArticleCourt Rules that Opinion of Unauthorized Treating Doctor who did not Testify...
In the matter of W.A. Harris v. Lourdes Medical Center of Burlington, the New Jersey Appellate Division, in an unpublished opinion, recently addressed the issue of whether an unauthorized doctor who...
View ArticlePA Workers’ Compensation Settlements of Less than $5,000 Still Subject to...
In Coffman v. Kline, PA Super 241 (Pa. Super. 2017), the Superior Court held that a carrier improperly disbursed workers’ compensation settlement proceeds of less than $5,000, despite a Workers’...
View ArticleThe Statute of Limitation Defense Can be a Winning Defense in Occupational...
When an employer is faced with an occupational claim filed by an employee, the statute of limitations defense should always be considered. N.J.S.A. 34:15-34 requires that an occupational claim be...
View ArticleThe Statute of Limitation Defense Can be a Winning Defense in Occupational...
When an employer is faced with an occupational claim filed by an employee, the statute of limitations defense should always be considered. N.J.S.A. 34:15-34 requires that an occupational claim be...
View ArticleDefeating a Hoey Defense in Delaware Termination Petition Litigation
The Hoey defense is applicable when an employer seeks to terminate the benefits of an employee that remains employed by the time of injury employer at the time the Termination Petition is litigated. If...
View ArticleList Grows of Municipalities, Cities and States Suing Pharma Companies Due to...
Last week, the Pennsylvania Counties of Delaware, Lackawanna and Dauphin joined a growing list of municipalities, cities and states which have filed lawsuits or plan to sue the major pharmaceutical...
View ArticleWorkers’ Compensation Legislative Update
Representative Ryan Mackenzie (R-Lehigh) authored House Bill 18 (HB 18) which, if passed, would establish a formulary that would be used to determine the reasonableness and necessity of prescription...
View ArticleCarriers Need to Consider Pursuing Third Party Claims to Collect Section 40...
Carriers have every right to step into the shoes of the petitioner to protect and pursue Section 40 lien rights. There has been a change in cases that give the carrier a reasonable argument that the...
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