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Workplace Injury Health Care Providers

Marshall Dennehey

Commonwealth Court Paves the Way for Workers’ Compensation Fee Agreements Pertaining to Prospective Medical Benefits by Declaring...

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Key Points: A 20% Fee Agreement applicable to all workers’ compensation benefits, indemnity and medical, is per se reasonable and enforceable, regardless of whether the medical expenses have been incurred or will be incurred...more

Marshall Dennehey

Delaware Supreme Court Affirms the Decisions of the IAB and Superior Court, Holding That an Employer Correctly Paid for Ketamine...

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Taylor v. State of Delaware, 2024 WL 1209292 (Del. Super. Mar. 21, 2024) - Ms. Taylor injured her right wrist in 2016 while working as a teacher for the State. Her injury eventually developed into complex regional pain...more

Goldberg Segalla

New Jersey Passes Law to Increase Medical Expert Fee to Maximum of $1,000

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Key Takeaways - Effective immediately, the maximum allowable evaluating physician fee under the New Jersey Workers’ Compensation Act has increased from $600 to $1,000 The statute leaves the medical expert fee within...more

Littler

OSHA Moves One Step Closer to Proposing a Rule Addressing Workplace Violence in the Healthcare and Social Assistance Industries

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On March 1, 2023, the Occupational Safety and Health Administration (OSHA) formally convened the Small Business Advocacy Review (SBAR) Panel regarding a possible Prevention of Workplace Violence in Healthcare and Social...more

Fisher Phillips

The Top 18 Workplace Law Stories from March 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...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

Morrison & Foerster LLP

The SAFE TO WORK Act: An In-Depth Guide For Employers To The Senate's Proposed Coronavirus Liability Shield

On July 27, 2020, Senate Republicans introduced the HEALS Act, its response to the Democrat-backed stimulus bill, the HEROES Act. Although the HEALS Act is currently on life support in light of the stalemate in negotiations...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 9

This ninth edition of Unprecedented, our weekly update on COVID-19-related litigation, continues to be dominated by shutdown challenges and workplace injury and wrongful death claims. But as governments discuss contact...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

COVID-19 Likely Responsible for Hike in OSHA “Fatality/Catastrophe” Investigations at Healthcare Facilities

Compared to the first three weeks of April in 2019, April 1, 2020, through April 21, 2020, had a 720 percent increase in healthcare facility inspections in the “Fatality/Catastrophe” category. A stunning increase from 5...more

Chartwell Law

VIDEO: What is the Impact of COVID-19 on New Jersey Workers' Compensation?

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With the quick spread of COVID-19, many New Jersey employers are questioning the impact of the virus on the state’s workers’ compensation system. Specifically, is the virus a compensable illness that arises out of and in the...more

Chartwell Law

New Jersey Medical Provider Claims for Out-Of-State Injuries

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There is a significant trend with medical providers in New Jersey bringing claims for reimbursement of their treatment, before the New Jersey Workers’ Compensation Division for cases involving out of state injuries....more

Chartwell Law

Causally Related Denial of Medical Bills May Not Be An Option In Pennsylvania

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Thinking of denying a medical bill in a Pennsylvania Workers’ Compensation claim for not being “causally related”? Better think twice. A new ruling from the Commonwealth Court of Pennsylvania suggests that denying a medical...more

Rumberger | Kirk

Workplace Violence: What Hospital Executives and Administrators Need to Know

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In today’s world, hospitals have to be prepared for anything and everything, and not just medical emergencies. They have to be prepared to handle all types of workplace violence, from active shooters to abuse from...more

Seyfarth Shaw LLP

House Passes Legislation on Workplace Violence in Healthcare and Social Assistance

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Seyfarth Synopsis: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and...more

Seyfarth Shaw LLP

Holy Smoke! Health Care Employers Must Abate Surgical Smoke Hazards in the Operating Room

Seyfarth Shaw LLP on

Seyfarth Synopsis: Smoke produced during surgical procedures is carcinogenic and can carry pathogens.  Employers who fail to abate surgical smoke hazards may face liability from employee injuries and OSHA citations....more

Fisher Phillips

Workplace Violence Can Lead To General Duty Clause Violations

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In a matter of first impression, the Occupational Safety and Health Review Commission recently ruled that the Occupational Safety and Health Act’s general duty clause requires employers to protect employees from incidents of...more

Seyfarth Shaw LLP

Future Enterprise – Workplace Safety Compliance Comes to the Forefront for Expanding Healthcare Industry

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Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand....more

Seyfarth Shaw LLP

Workplace Safety Comes to the Forefront for Expanding Healthcare Industry

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Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Healthcare workers face a range of safety issues,...more

Robinson+Cole Health Law Diagnosis

Recent Joint Commission Guidance Recommends Steps for Health Care Organizations to Reduce Workplace Violence

Workplace violence is a risk at any health care workplace. Whether from patients, residents, clients, or employees. The Occupational Safety and Health Administration (“OSHA”) estimates that three quarters of all workplace...more

Seyfarth Shaw LLP

Cal/OSHA Drafts Rules For Workplace Violence Prevention In General Industry

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Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry. It is seeking public...more

Parker Poe Adams & Bernstein LLP

Workplace Fatalities Decrease for Health Care Practitioners

Health care was among the occupations that saw the largest declines in fatal work injuries in the most recent year federal data is available, according to the U.S. Bureau of Labor Statistics. It recently released statistics...more

Seyfarth Shaw LLP

Nothing To Sneeze At: Evaluating Employee Safety Protections In The Healthcare Industry

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Seyfarth Synopsis: NIOSH reiterated last week that healthcare workers are exposed to a wide range of hazards on the job and healthcare employers may not be following best practices to protect against these hazards....more

Butler Weihmuller Katz Craig LLP

New Medicare Conditional Payment Case: Federal Court Requires CMS To Perform Surgery On Its Primary Plan Reimbursement Demands

Doctors often treat Medicare beneficiaries for accident related injuries (for which a “primary” auto or workers’ compensation carrier must reimburse Medicare) and unrelated maladies at the same visit. Billing for the visit...more

Seyfarth Shaw LLP

NIOSH Offers Free Training Program to Help Employers Address Safety Risks Faced by Home Healthcare Workers

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Seyfarth Synopsis: NIOSH releases a comprehensive training curriculum that home healthcare employers can use to minimize safety risks and prevent OSHA citations. We had blogged previously about OSHA’s “Strategies and...more

Poyner Spruill LLP

OSHA's New Rule Impacts the Health Care Industry

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The U.S. Occupational Safety and Health Administration (OSHA) recently issued a final rule that becomes effective January 1, 2017 requiring healthcare industry employers to electronically submit to OSHA injury and illness...more

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