Top Story: Monday, May 20, 2024

Calif. - WCAB Assesses $40k in Sanctions for Misuse of Reconsideration

The Workers’ Compensation Appeals Board sanctioned an attorney and a hearing representative a combined $40,000 for requesting reconsideration to delay proceedings. The board in an en banc decision published Thursday said eight reconsideration requests filed by hearing rep Lance Garrett and verified by attorney Susan Garrett were frivolous and that the proposed sanctions of $2,500 for each violation, $20,000 apiece total, were… Read more »

Pa. - Supreme Court to Weigh in on Statutory Employer Defense

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is waivable. Last year, the state Superior Court relieved McCarthy Construction Inc. of liability for a nearly $5.6 million jury verdict in favor of Jason Yoder on the basis that… Read more »

N.J. - Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims

The New Jersey Superior Court’s Appellate Division upheld the denial of a caregiver’s request to amend her complaint as well as the dismissal of her claims against her alleged employers. Case: Donnerstag v. Winchester Garden, No. A-1916-22, 05/09/2024, unpublished. Facts: Eileen Donnerstag began working as a live-in caregiver for Brenda White in… Read more »

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OR WCD Adds 'Physician Associate' to Change of Provider Form

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CA WCAB Assesses $40k in Sanctions for Misuse of Reconsideration

N.Y. - Defendant Prevails Against Worker's Ladder Fall Claim

A New York appellate court ruled that a Labor Law defendant should have been granted summary judgment dismissing part of a worker’s claims for alleged injuries from a fall from a ladder. Case: Siegel v. Delta Airlines Inc., No. 161354/15, 05/14/2024, published. Facts and procedural history: Lawrence Siegel allegedly suffered injuries in a fall from a ladder while working on a construction project, and he… Read more »

N.Y. - Labor Law Defendants Get Only Partial Summary Judgment

A New York appellate court ruled that the defendants in a Labor Law action were entitled to only partial summary judgment in their favor. Case: Maldonado v. Hines 1045 Avenue of the Americas Investors LLC, No. 152214/15, 05/14/2024, published. Facts: Mario Maldonado worked as a welder. He suffered injuries while working at a construction site when he tripped over electrical conduit piping that rose from… Read more »

N.J. - Bill Would Increase Cap on Contingency Fee

New Jersey lawmakers are considering raising fees for attorneys who represent injured workers. The Senate last week voted 27-9 to pass bill S2822/A3986, which would increase the cap on attorney fees to 25% of the judgment from 20%. “Attorneys for injured workers are often compensated on a contingency fee basis, and the original cap of 20% does not take into account additional duties that workers’… Read more »

Ore. - WCD Adds 'Physician Associate' to Change of Provider Form

The Oregon Workers’ Compensation Division on Friday announced that it updated the form used to request a change of provider to replace the term “physician assistant” with “physician associate.” The WCD in Bulletin No. 251 said it revised Form 2332, “Request to Change Attending Physician or Authorized Nurse Practitioner” that insurers are required to provide to workers seeking a new provider. A bill… Read more »

Calif. - Montgomery: The Fastest and Slowest Payers

by Catherine Montgomery

If you treat injured workers, there’s no good reason to wait months or weeks for reimbursement. For the first four months of 2024, daisyData shows that claims administrators paid our provider clients’ bills on average in fewer than nine working days. This is mainly because daisyBill software sends more than 92% of bills electronically; the… Read more »

Top Story: Monday, May 20, 2024

Calif. - WCAB Assesses $40k in Sanctions for Misuse of Reconsideration

Pa. - Supreme Court to Weigh in on Statutory Employer Defense

N.J. - Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims

News: WEST

News: NORTH

News: Top

N.Y. - Defendant Prevails Against Worker's Ladder Fall Claim

N.Y. - Labor Law Defendants Get Only Partial Summary Judgment

N.J. - Bill Would Increase Cap on Contingency Fee

Ore. - WCD Adds 'Physician Associate' to Change of Provider Form

Calif. - Montgomery: The Fastest and Slowest Payers

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