Publications
Subrogation abomination! Supreme Court overrules its own precedent.
The Supreme Court of Delaware holds that an employer or a workers’ compensation carrier may assert a subrogation lien against an employee’s recovery of benefits under an employer-purchased UIM policy, overruling its own precedent in Simendinge
What’s Hot in Workers’ Comp, Vol. 27, No.
The burden of proof remains! Causal connection must be proven.
The claimant, shot by unknown assailant while walking between his employer’s locations, did not meet his burden of proof. However, the District Court certified the below question to the Supreme Court for further clarification.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Workers’ Compensation Legislation Update
Since the last update on various pending New Jersey workers’ compensation legislation, there has been an update and new proposed legislation as outlined below.
What’s Hot in Workers’ Comp, Vol. 27, No.
If injury is not well-pled, employer’s late answer has not admitted liability.
An employer does not admit liability for a work injury with a late answer to a Claim Petition where the injury is not well pled.
What’s Hot in Workers’ Comp, Vol. 27, No.
Is something afoot with this claim?
The claimant’s January 2018 email failed to prove notice under § 312.
What’s Hot in Workers’ Comp, Vol. 27, No.
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What’s Hot in Workers’ Comp, Vol. 27, No.
Superior Court affirms decision denying claimant’s petition for increased medical bill payments for ketamine infusions under the theory that the Delaware Fee Schedule does not apply and the Board should order payment of “reasonable cost” of treatment.
Ms. Taylor was injured in a compensable work accident on September 16, 2016. The injury later developed into Complex Regional Pain Syndrome (CRPS) involving her right arm and right leg.
What’s Hot in Workers’ Comp, Vol. 27, No.
To qualify as compensable under the heart-lung statute, the claimant must show “disability.”
The claimant, a law-enforcement officer, was hired in 2004 after undergoing a pre-employment physical. In 2008, he sought care with his primary care physician and was diagnosed with hypertension.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Workers’ Compensation Legislation Update
On July 20, 2023, the Governor of New Jersey signed A4832 / S3309 into law. This raises the maximum workers’ compensation fees for evaluating physicians and expands circumstances for which physicians’ legal fees are permitted.
What’s Hot in Workers’ Comp, Vol. 27, No.
Act 111, which enacted the Impairment Evaluation Provisions of Section 306(a.3) of the Pennsylvania Workers’ Compensation Act, is applicable to injuries sustained prior to its effective date and is not an unlawful delegation of legislative authority.
In this case, the claimant sustained a work injury on February 12, 2006. Subsequently, an IRE was performed on September 5, 2008, and an impairment rating of 0% was given.
What’s Hot in Workers’ Comp, Vol. 27, No.