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Total Articles: 11

Appellate Division Provides Clarity: Medical Expenses Are Recoverable by Workers’ Compensation Carriers Under Section 40

The Appellate Division of the New Jersey Superior Court issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the New Jersey Workers’ Compensation Act. The decision in Lambert v. Travelers Indemnity Co. of America offers welcome clarity concerning reimbursement of medical payments under Section 40 (see No. A-1073-14T3, __ N.J. Super. __, __ (App. Div. 2016)).

Inside the New York Workers' Compensation Board's New Payor Compliance Procedures

The New York Workers’ Compensation Board has implemented a new procedure that changes the way carriers manage claims per Section 25(2)(a), which will affect both carriers and employers. The new procedure requires carriers to accept or controvert a claim “within 18 days after a disability or within 10 days after the employer has knowledge of the alleged accident, whichever is greater.”

Workers' Compensation Quarterly - Spring 2015

Timely summaries of decisions from across New York, Connecticut, New Jersey, and Pennsylvania concerning workers' compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.

Workers' Compensation Quarterly

Timely summaries of decisions from across New York, Pennsylvania, and New Jersey concerning workers' compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.

Workers' Compensation Quarterly (NY, NJ, PA)

Timely summaries of decisions from across New York, Pennsylvania, and New Jersey concerning workers'compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.

eClaims: New Procedures for Controverted Cases

In the coming months, the Workers' Compensation Board is phasing in its new eClaims system, which will greatly impact the manner in which carriers file denials on new claims. To help streamline the process and maintain all applicable defenses to new claims, the following is our recommended procedure for controverting claims.

New York’s Highest Court Grants Rare Reargument of Prior Ruling in Workers’ Compensation Case

In an extremely rare decision, the New York State Court of Appeals has granted reargument. In Auqui v. Seven Thirty One Ltd. Partnership, the court granted reargument of its prior ruling that granted the defendants’ motion to preclude plaintiffs from litigating the issue of the injured plaintiff’s accident-related disability based upon a prior ruling by the Workers’ Compensation Board (WCB).

Major Victory for Personal Injury Defendants Adds Leverage for Workers’ Comp Defense

In a recent decision with profound implications for defending workers’ compensation claims in New York, the Court of Appeals reversed the First Department and held that the doctrine of collateral estoppel bars a plaintiff from litigating duration of disability in New York State Supreme Court when the plaintiff previously litigated the same issue to a full and final decision as a claimant in a corresponding matter before the Workers’ Compensation Board (WCB).

Governor Cuomo’s Proposed Workers’ Compensation Reform Garners Praise, But Raises Questions

In a rare twist, New York Governor Andrew Cuomo’s recent proposed changes to workers’ compensation in New York have earned praise from both the business side and the labor side.

Permanent Total Disability? NY Worker’s Comp Case Highlights Need to Review All Criteria

In New York Workers’ Compensation Case No. 00427749, the claimant, a driver, sustained injuries to her back, neck, right shoulder, face, and right thumb when she was rear-ended by a van in 2004. In addition to underscoring the requirements a claimant must meet to be classified with a permanent total disability, the proceedings that ensued in this case provide carriers and employers with an important defense against claimants’ physicians who do not properly investigate the true capabilities and daily lives of claimants.

Workers Comp Update - Summer/Fall 2012

Cases from across New York’s court system.