By: Claire Brookins Employers, carriers and third-party administrators across all industries share a common interest in workers’ compensation claims when it comes to fraud. Let’s face it, fraud is a source of great frustration and costs the insurance industry millions of dollars every …
Employee vs. Independent Contractor Classification –
Control is the Determining Factor
By: Anthony C. Giletto In most states, including Delaware, New Jersey and Pennsylvania, the classification of an employee vs. an independent contractor generally comes down to the issue of control. This means, not only do we need to know who has control over the individual’s duties and …
Recent Workers’ Comp Decision Affecting Schedule Loss of Use Awards
In his Law360 Expert Analysis article, “NY Workers’ Comp Ruling May Expand Claimant Benefits,” published May 2, 2022, Partner Cory A. DeCresenza examines the recent joint decision in Johnson v. City of New York, and Liuni v. Gander Mountain affecting the assessment of schedule of loss of use, or …
Importance of Securing the Right Jurisdiction
Jeffrey L. Oster was quoted in the April 20, 2022 edition of Transport Topics for the article “Pennsylvania Lawyer Employs Creative Strategy in Crash Case”. The article discussed a fatal crash between a tractor-trailer and a passenger vehicle in which the tractor-trailer sustained property damage …
Three Things to Know
About Worker Classification Laws
Federal rules regarding worker classification – as either employees or independent contractors – just became a bit clearer, at least for the time being. On March 14, Judge Marcia Crone of the United States District Court for the Eastern District of Texas reinstated the Trump administration’s …
Important Announcement Regarding
Medical Treatment Guidelines
The New York State Workers’ Compensation Board has announced that three new Medical Treatment Guidelines (MTGs) will become effective May 2, 2022, to coincide with the launch of Phase 3 of the OnBoard Program. OnBoard is an online system implemented by the New York State Workers’ Compensation Board …
Important Information Regarding Form RFA-1LC and Form RFA-2
The New York Workers’ Compensation Board released important information today regarding the Board’s response to future RFA-1LC and RFA-2 forms. Forms RFA-1LC and RFA-2 include a statement at the bottom of the form requesting opposing parties certify that (a) no settlement of the issues was …
Centers for Medicare & Medicaid Services
issues updated guidance regarding
Workers’ Compensation Medicare
Set-Aside Arrangements
On January 10, 2022, the Centers for Medicare & Medicaid Services (CMS) issued updated Workers' Compensation Medicare Set-Aside (WCMSA) guidance. The new reference guide specifically addresses the use of “evidence based” and/or “non-submit” Medicare Set-Aside (MSA) products. The relevant …
NJ LABOR LAW UPDATE
The Senate Labor Law Committee met today to review three bills that will make it even easier for the NJ Department of Labor to find employers liable for employee misclassification. The Senate and Assembly versions of these pieces of legislation were filed last week and appear to be fast-tracked for …
Gov. Murphy Standardizes Private Workplace COVID-19 Guidelines, Sets Stage for Statewide Enforcement
Citing a lack of proper standards and protections from the Federal government, on October 28, 2020, New Jersey Gov. Phil Murphy signed Executive Order No. 192 in a top-down effort to standardize private sector workplace protections in response to the ongoing COVID-19 pandemic. The Order, which went …