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When Are Drives To Physicians Covered Under Workers’ Compensation?

| October 20, 2017 | 0 Comments

When Are Drives To Physicians Covered Under Workers’ Compensation?

It is not uncommon for injured workers to suffer additional injuries due to car accidents on the way to a

Circuit Court of Appeals Rejects EEOC Position that a Long-Term Leave of Absence Can Constitute a Reasonable Accommodation under the ADA

| October 13, 2017 | 0 Comments

The EEOC has provided guidance that in its view a fairly long leave of absence should be considered a reasonable

Appellate Division Reverses Award of 47.5% for Unoperated Low Back Condition

| October 6, 2017 | 0 Comments

Appellate Division Reverses Award of 47.5% for Unoperated Low Back Condition

Rarely does the Appellate Division reverse a Judge of Compensation when the only issue is the extent of permanent partial

The Underutilized and Underappreciated Defense of Lack of Timely Notice

| September 29, 2017 | 0 Comments

The Underutilized and Underappreciated Defense of Lack of Timely Notice

Some defenses, like the going-and-coming rule, get all the attention but there are other less well known defenses, like lack

Appellate Court Reverses Order for Temporary Disability Benefits Against One of Two Potential Employers Where Employment Was Disputed

| September 22, 2017 | 0 Comments

Appellate Court Reverses Order for Temporary Disability Benefits Against One of Two Potential Employers Where Employment Was Disputed

When a petitioner files a motion for medical and temporary disability benefits and the only issue is which carrier or

Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

| September 14, 2017 | 0 Comments

Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

Light duty was the issue in Smith v. DuPage Cnty. Sheriff, 33 AD Cases 789 (N.D. Ill. June 5, 2017). 

Township Prevails in Dismissing Occupational Psychiatric Claim of Former Police Officer

| September 7, 2017 | 0 Comments

Township Prevails in Dismissing Occupational Psychiatric Claim of Former Police Officer

Occupational psychiatric claims, like all occupational claims, must be filed within time or be subject to the statute of limitations

New York Staffing Company’s Carrier Must Pay Workers’ Comp for Injury In New Jersey Even Though the Policy Specified Solely New York Locations

| August 31, 2017 | 0 Comments

New York Staffing Company’s Carrier Must Pay Workers’ Comp for Injury In New Jersey Even Though the Policy Specified Solely New York Locations

Cases involving temporary staffing agencies and professional employer organizations often lead to unusual and complex legal issues in workers’ compensation. 

Court Rejects Argument that Level I and II Trauma Centers Deserve Special Fee Schedules in Comp

| August 24, 2017 | 0 Comments

In University Physicians Associates v. Transport Drivers, Inc., A-3350-15T2 (App. Div. August 22, 2017), the Appellate Division considered an argument

How Employers Can Win Trials On Reopeners

| August 22, 2017 | 0 Comments

How Employers Can Win Trials On Reopeners

Last week I wrote about how employers should not handle reopener claims, namely trying them on reports without expert testimony. 

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