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First District Court of Appeal reverses because the workers’ compensation code does not authorize a Judge of Compensation Claims to strike a duly authorized treating physician because of a fee-related problem.
In this case, the claimant sought a one-time change in physician, which was granted by the employer/carrier. A new treating physician was timely authorized, and the claimant was immediately scheduled for an appointment.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Appellate Division orders petitioner to pay costs and fees after his unsuccessful attempt to re-litigate his original claim.
On January 29, 2008, the petitioner was working as a bus driver when his bus was involved in an accident. He filed a claim petition, which was dismissed with prejudice on October 4, 2020, for failure to sustain his burden of proof.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Appellate Division reverses Superior Court’s order, vacates the transfer order, and remands the case to enter an order denying motion to dismiss.
Under the New Jersey Workers’ Compensation Act, “each and every member of a volunteer fire company doing public fire duty . . .
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Pennsylvania Supreme Court adopts as law a “no coverage” exception to the equitable rule, precluding an insurer from pursuing subrogation against its own insured.
In the course and scope of his employment as a shipwright, the claimant slipped and fell on an icy sidewalk on the employer’s premises, sustaining injuries. The employer had a commercial hull policy from Acadia Insurance Company, the insurer.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
A Utilization Review request that does not list all of a claimant’s treating providers does not render the request or the UR Determination invalid.
In this case, following the claimant’s April 2000 work injury, a C&R Agreement was approved by a Workers’ Compensation Judge and the medical portion of the claimant’s claim remained open.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Only the fee review arena has the authority to decide the issues of medical billing amounts, timeliness and who qualifies as a medical provider under the Act.
In this case, following a serious burn injury sustained by the claimant after falling in a puddle of hot water at work, the claimant filed a penalty petition, alleging that the employer failed to pay her physicians and hospitals over $410,000 for
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
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What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Calculation of average weekly wage not always limited to money paid in 13-week period prior to work accident, but can include monies (bonus) earned during that period but is not received until later date outside that period.
The claimant worked as an executive assistant for the City of Aventura. After sustaining a compensable work accident on February 27, 2020, she continued to work and received an annual merit bonus on August 6, 2020.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
New Jersey Supreme Court finds that the petitioner was entitled to workers’ compensation benefits in applying the premises rule.
The New Jersey Supreme Court reversed the Appellate Division’s decision which had found the petitioner’s injuries did not arise out of and in the course of employment.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
While the Workers’ Compensation Act is to be construed liberally, coverage cannot be found if there is a clear disregard of the statutory requirement.
The Appellate Division reversed the workers’ compensation court’s orders denying E.W. Millwork’s motion to dismiss and for reconsideration. On August 27, 2003, the petitioner was injured while working for E.W. Millwork.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.