Publications
Claimant’s failure in underlying suit to plead that defective workmanship caused damage to external property is basis for court determination of no “occurrence” in subsequent declaratory judgment action.
Marvin Lumber filed suit against Sapa, a manufacturer and seller of aluminum window extrusions, after extrusions that it had incorporated into 25,000 window and door units began oxidizing and required extensive repairs.
Case Law Alerts, 3rd Quarter, July 2018
Fifth Circuit invalidates Department of Labor Fiduciary Rule.
The Chamber of Commerce challenged the Department of Labor’s ERISA Fiduciary Rule, which was promulgated in April 2016 and was scheduled to be implemented in stages through July 2019.
Case Law Alerts, 3rd Quarter, July 2018
On petition appealing a Utilization Review Determination, the Board reversed the UR decision and held that the claimant’s treatment was not necessary and reasonable.
This case involved the employer’s appeal from a Utilization Review decision, which had determined that the treatment for pain management—including prescription medications, office visits, chiropractic and acupuncture—was Guidelin
Case Law Alerts, 3rd Quarter, July 2018
DE Superior Court holds that the Board’s decision terminating an undocumented worker’s total disability benefits is based upon substantital evidence and is free from legal error.
The Delaware Superior Court concluded that the Board’s decision to terminate the claimant’s total disability benefits was based upon substantial evidence and free from any error of law.
Case Law Alerts, 3rd Quarter, July 2018
Authorization denied for a trial of medical marijuana.
The petition for workers’ compensation benefits sought authorization of a “trial of medical marijuana as recommended by Dr. Mark Hofmann.” Dr.
Case Law Alerts, 3rd Quarter, July 2018
Another ray of hope for Florida's Major Contributing Cause defense.
On April 30, 2014, the claimant sustained injuries to his neck and low back in an explosion. The employer accepted compensability and authorized care.
Case Law Alerts, 3rd Quarter, July 2018
The 1st District Court of Appeal rules that statute of limitations was not tolled by fusion hardware.
The claimant had a fusion surgery a few months after his 2006 work injury. Within one year of surgery, the fusion was solid, and it was argued that they no longer performed any fuction, although they remained attached and inside of the claimant.
Case Law Alerts, 3rd Quarter, July 2018
“Control test” and “relative nature of the work test” used to find that petitioner was respondent’s employee within the meaning of NJ Workers’ Compensation Act.
The Judge of Compensation found the petitioner entitled to workers’ compensation benefits for his work-related injuries. In affirming the Judge of Compensation’s holding, the Appellate Division relied on Pollack v.
Case Law Alerts, 3rd Quarter, July 2018
The fact that a job has a discrete and limited duration does not make the employee who holds it a traveling employee.
The Commonwealth Court affirmed the decisions of the Workers’ Compensation Judge and the Workers’ Compensation Appeal Board.
Case Law Alerts, 3rd Quarter, July 2018
A routine office examination by a chiropractor does not constitute “a significant and separately identifiable service” for which a chiropractor may be paid under § 127.105(e) of the Medical Cost Containment Regulations.
According to § 127.105(e) of the Medical Cost Containment Regulations, payment shall be made for an office visit provided on the same day as another procedure, only when the office visit represents “significant and separately identifiab
Case Law Alerts, 3rd Quarter, July 2018