What’s Hot in Workers’ Comp - News and Results*
NEWS
Angela DeMary (Mount Laurel, NJ) presented on the topic “Assessing the Injury and Case” for the National Business Institute’s webinar “New Jersey Workers’ Compensation Fundamentals” on November 29, 2023.
Jessica Gordon (Mount Laurel, NJ) co-authored the article “AI: Detecting Fraud and Improving Claims Handling” that appeared in the CLM’s Workers’ Compensation e-newsletter. Read the article here.
RESULTS*
Adam Huber (Mount Laurel, NJ) obtained a dismissal of two Medical Provider Claims filed by a hospital and surgical center seeking additional payment for medical services on the cervical spine. Adam successfully argued the providers were barred from seeking benefits in New Jersey due to a jurisdictional issue as the New York Appellate Court had previously found the alleged body part at issue was not an occupational injury. The additional money the providers sought was $8,591.52.
Rachel Ramsay-Lowe (Roseland, NJ) won a trial for a cable company where the claimant was injured while working at a one of the company’s sites. The employer hired a contractor to complete the work, and various parts of the job were subcontracted out to several different companies. The claimant was hired by one of the subcontractors. Rachel argued that the claimant is not an employee or special employee of the cable company. In addition, it is well established that an owner who contracts with an independent contractor for construction on his own property is not a contractor within the meaning of section 56 of the Workers’ Compensation Law in New York. The court agreed and dismissed our client from this claim.
Judd Woytek (King of Prussia, PA) successfully defended a Claim Petition for an alleged left-knee injury and nasal fracture that resulted from a trip and fall over a rug. The judge found that the claimant failed to prove an injury to her nose. Therefore, he limited her injury to a non-disabling knee contusion, denied claimant’s claim for wage loss benefits, and terminated benefits effective the date of our IME.
*Prior Results Do Not Guarantee a Similar Outcome
What’s Hot in Workers’ Comp, Vol. 27, No. 12, December 2023 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.