News & Analysis as of

Reimbursements Workplace Injury

Marshall Dennehey

Appellate Division Vacated and Remanded a Trial Court Order Denying Employer’s Application for Satisfaction of Its Workers’...

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N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024) - In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor. In...more

Weber Gallagher Simpson Stapleton Fires &...

Examining the Boundaries of Medical Payments: Pennsylvania's Supreme Court to Decide on Coverage for Non-Prescription Items for...

The vexing issue of whether insurance carriers, third-party administrators and self-insured employers will be required to pay for a broad array of non-prescription items (for example, over-the-counter medications, dietary...more

Marshall Dennehey

Bureau Directed to Identify and Publish in Pennsylvania Bulletin a Different, Nationally Recognized Schedule for Valuing...

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Federated Insurance Company v. Summit Pharmacy (Bureau of Workers’ Compensation Fee Review Hearing Office); No. 115 C.D. 2023; filed Jan. 2, 2024; President Judge Cohn Jubelirer - A Fee Review Hearing Officer ordered the...more

Marshall Dennehey

Commonwealth Court Holds That an Employer’s Failure to Reimburse a Claimant for Out-of-pocket Payments for CBD Oil is in Violation...

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Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB); No: 1039 C.D. 2021; filed Nov. 14, 2023; Judge Covey - In this case, the claimant, an attorney, sustained a work injury on April 14, 2017, while loading files into a...more

Weber Gallagher Simpson Stapleton Fires &...

Commonwealth Court Authorizes Workers’ Compensation Reimbursement for CBD Oil

The Pennsylvania Commonwealth Court has ruled that CBD oil, when prescribed by a doctor for a work-related injury, is reimbursable. In this matter, a workers’ compensation attorney was injured on the job when he tripped over...more

Marshall Dennehey

Superior Court Affirms Decision Denying Claimant’s Petition for Increased Medical Bill Payments for Ketamine Infusions Under the...

Marshall Dennehey on

Taylor v. State of Delaware, N22A-09-007 CLS (Del. Super. Ct. Aug. 14, 2023) - Ms. Taylor was injured in a compensable work accident on September 16, 2016. The injury later developed into Complex Regional Pain Syndrome (CRPS)...more

Marshall Dennehey

What’s Hot in Workers’ Comp – Special PA Alert

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Teresa Fegley, as Executrix of the Estate of Paul Sheetz v. Firestone Tire & Rubber (WCAB); No. 680 C. D. 2021; filed March 17, 2023; by Judge Covey AND Edward Appel v. GWC Warranty Corp. (WCAB); 824 C.D. 2021; filed March...more

White and Williams LLP

The Right of Workers’ Compensation Reimbursement is Alive and Well in Indiana

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When the direct door to a subrogation recovery closes, the reimbursement door remains open. The United States District Court for the Northern District of Illinois, construing Indiana law, recently clarified the...more

Rivkin Radler LLP

Insurance Update - April 2021

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In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more

White and Williams LLP

UPDATE: New Jersey Employers Must Pay for Pot

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n January 2020, we reported on a groundbreaking New Jersey Superior Court decision. On April 13, 2021, the New Jersey Supreme Court affirmed the Superior Court’s decision in Hager v. M&K Construction that required New Jersey...more

Chartwell Law

Florida Workers' Comp Case Law Update: Taxable vs. Non-Taxable Costs

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In Florida, when the injured employee’s attorney files a verified motion for attorney’s fees and costs seeking reimbursement of costs associated with a previously filed petition for benefits, what costs can the injured...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...more

McNees Wallace & Nurick LLC

Supreme Court Issues New Ruling on Workers’ Compensation Subrogation Reimbursement

In a recent case, decided on June 19, the Supreme Court of Pennsylvania granted appeal to clarify the scope of subrogation reimbursement under the Pennsylvania Workers Compensation Act (the “Act”)....more

Cranfill Sumner LLP

Groundbreaking—IRS makes things complicated

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Employers who adhere to certain IRS guidelines may face much lower indemnity payments for employees who traveled for work pre-injury - Myres v. Strom Aviation, Inc. (16-558) - In companies where employees regularly...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more

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