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Overview of Medical Inflation and Workers’ Compensation - Inflation began to spike in late 2021 and has continued to rise at a moderate to high rate through 2024. According to the U.S. Bureau of Labor Statistics, as of...more
North Carolina Workers’ Compensation claims are governed by Chapter 97 of the North Carolina General Statutes. What follows are timelines for Defendants set forth in the statutes...more
When does the obligation to report a workplace accident arise? Should an accident at work report be made when the circumstances around a reported accident seem doubtful or unlikely? Or when the employee who was involved in an...more
North Carolina Workers’ Compensation claims are governed by Chapter 97 of the North Carolina General Statutes. What follows are timelines for Plaintiffs set forth in the statutes...more
Whether a claim is compensable may depend on what type of injury/disease is alleged. The four major types of workers’ compensation claims are...more
You should take the following steps at the outset of a new claim - Ensure that an Industrial Commission Form 19: Employer’s Report of Employee’s Injury or Occupational Disease to the Industrial Commission has been...more
As the holiday season approaches, many employers host festive events to celebrate with their employees. While these gatherings can foster camaraderie and boost morale, they also raise questions about workers’ compensation...more
Have you heard? Last Tuesday, Governor Shapiro signed Senate Bill 1232 into law. This bill, introduced by Senator Pennycuick, took a long and winding path before finally being signed. Senate Bill 1232 mirrors House Bill 760...more
In a bi-partisan effort, both Pennsylvania legislative houses and the Pennsylvania Governor have come together to lower the burden of proof for our Commonwealth’s first responders, when those men and women have witnessed a...more
If you are receiving dozens – even hundreds – of HIMP-1 demands monthly, you are not alone. And you have options other than simply paying them! The Health Insurance Matching Program (HIMP) process is the means through which...more
In an effort to streamline payment of Pennsylvania workers’ compensation wage loss benefits, Governor Shapiro signed Senate Bill 1232 into law on October 29, 2024. Senate Bill 1232 amends Section 308 of the Pennsylvania...more
In New York State, the Health Insurance Matching Program – widely known as HIMP – provides means for a claimant’s private health insurer to seek reimbursement for treatment they believe a workers’ compensation carrier or...more
In this 3rd Department decision, the court confirms a claimant’s right to a standalone SLU, regardless of whether he/she had a SLU previously to that same member. The claimant had a 2015 accident to his right shoulder and...more
Workers’ compensation stress claims can be, well, stressful. Both the employee who has filed the claim and the employer who must handle it experience frustrations. Also, stress claims (also called psych claims) are often...more
According to the United States Bureau of Labor Statistics, a reported 419,000 private-sector employees in California sustained workplace injuries and illnesses in 2022. Workplace incidents in the state claimed 508 employees'...more
Unbowed and unbroken, California continues to work toward creating that Workers’ Paradise in the Sun, and this legislative session did not disappoint! Here are the latest new laws that will take effect by the first of the...more
The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more
Temporary Employment Agencies (TEAs) should become familiar with a change to the Workplace Safety and Insurance Act, 1997 (“WSIA”), which creates a new classification, 001281, added to Class L....more
Fowler v. Perdue, 2024 WL 3196775, --- A.3d --- (Del. June 24, 2024) - Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant. The Industrial Accident...more
American Airlines Group; American Airlines and Sedgwick CMS v. Alejandro Lopez, DCA#: 23-0379; May 22, 2024 - This claim involved a compensable accident date of August 8, 2019, where the employer/carrier provided benefits....more
Avery v. Next Mile, LLC/DSP, No. A-2506-22 (May 23, 2024) - In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment. The petitioner worked as a delivery...more
Ohio employers have a duty to provide their employees with a workplace that is free from known dangers that could harm employees. Unfortunately, injuries can and do happen, even in safe workplaces....more
In 2020, California voters passed Proposition 22, otherwise known as the Protect App-Based Drivers Act (the Propositiont), exempting app-based drivers for companies like Uber, Lyft, and Instacart from a 2019 law known as AB5....more
California has one of the most diverse workforces in the country. Each distinct job industry has its own nuances within the Workers’ Compensation system. One often overlooked but invaluable part of California’s workforce is...more