Litigation

Statute of Limitations on “All Issues” vs. “Change of Condition” Claims: when and what you can deny if the claimant has not treated or received benefits in a long time

By: Wesley R. Moore, Esq.

When a claimant has waited one year or more in between receiving medical treatment for an occupational injury, it can be confusing to figure out whether the employer/insurer can deny further treatment based on the statute of limitations and if so, determining which statute of limitations would apply. It is […]

Tuesday, April 9, 2019|

Is an Injury Compensable When it Happened on a Personal Errand? Maybe – If You’re a Continuous Employee

by Vincent A. Toreno, Esq.

Although the general rule is that an injury sustained while an employee is going to and from work does not arise out of and in the course of the employment, there is an exception to this rule, known as the “continuous employment doctrine.” This doctrine provides broader workers’ compensation coverage to […]

Tuesday, April 11, 2017|

Why Can’t I Close This Claim? Strategies for Taking Action on the Most Challenging Files

by Kenneth A. David, Esq.

It’s the end of the year and the same “old dog” file you have had for many years just won’t go away. It’s not for a lack of effort. No matter what you try, some claims seem to be stuck in neutral. You have a compensable claim, surgery has been done […]

Wednesday, December 14, 2016|

REMINDER: New Case Management Rule Became Effective January 1, 2016

by Alissa C. Atkins, Esq.

The State Board revised Rule 200.2 regarding medical case management, and the changes became effective last month. The revision was prompted by the McRae case, which pertained to contact of authorized treating physicians by defense counsel. However, as a result of reviewing all issues pertaining to medical case management and contacting […]

Tuesday, February 9, 2016|

Helpful Tips when Converting TTD to TPD Following Light-Duty Release

by William A. Green, Esq.

As we know, exposure on claims is greatly reduced once a claimant is returned to light-duty and the WC-104 process of converting from TTD benefits to TPD benefits begins. Although the process seems fairly straightforward, some helpful reminders were highlighted in a panel discussion with Judge Nicole Tifverman at the Workers’ […]

Tuesday, November 10, 2015|

There Has Been an Accident – When Must You Preserve the Evidence?

by Vincent A. Toreno, Esq.

If there has been an accident at your business, whether the accident involves an employee or a customer/third party, it is a good idea to preserve any evidence related to the accident (e.g. physical evidence such as a machine, piece of furniture, or document, or electronic evidence such as computer files […]

Tuesday, August 11, 2015|

Social Media, Smart Phones and Wearable Devices: Subject to Discovery?

by Vincent A. Toreno, Esq.

Technology seems to progress at an ever-increasing rate. In the past decade, there has been an explosion of technology including smart phones (essentially handheld computers) and wearable devices like Fitbit, that can track movement and record fitness data. Further, the data collected by personal devices and information transmitted or posted on […]

Sunday, March 1, 2015|

When Do You Need to Hire a Lawyer?

by Kenneth A. David, Esq.

No, the point of this question is not to drum up more business. However, there are a couple of considerations here to both protect your company and to get the best result. If a claimant requests a hearing, you should retain a lawyer. Board Rule 102(B)2 requires you to hire a […]

Monday, December 1, 2014|

Subpoenas to Claims Adjusters to Testify at Hearing or Deposition: Do You Have to Go?

by Vince A. Toreno, Esq.

We are often asked whether a claims handler or employer representative is required to testify at a hearing or deposition after being served with a subpoena. The answer is: it depends. To be valid, the subpoena must be accompanied by a $25.00 per day witness fee and a roundtrip mileage fee […]

Saturday, November 1, 2014|

Recent Fraud Cases in the News: A Reminder to Monitor Social Media and Other Public Forums

by Jennifer M. Smith, Esq.

There have a been several stories about workers’ compensation fraud in the news the past few months which are interesting to read, but also serve as a reminder that monitoring social media and performing investigative work (whether hiring professional investigators for surveillance or even just speaking with co-workers) can pay off. […]

Friday, August 1, 2014|
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