Publications
Delaware Supreme Court affirms the decisions of the IAB and Superior Court, holding that an employer CORRECTLY paid for ketamine infusion treatment in accordance with the Delaware Fee Schedule.
Ms. Taylor injured her right wrist in 2016 while working as a teacher for the State. Her injury eventually developed into complex regional pain syndrome (CRPS) involving multiple extremities.
What’s Hot in Workers’ Comp, Vol. 28, No.
Reporting an injury via a Petition for Benefits within 30 days of the alleged accident does not fulfill the notice requirement.
The claimant, a senior claims adjuster, worked remotely in Orlando and once a quarter went to Tallahassee to the employer’s office. He typically was picked up by a rental car company.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division vacated and remanded a trial court order denying employer’s application for satisfaction of its workers’ compensation lien as premature after the third party settlement.
In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division finds that paid status during a break does not mandate workers’ compensation coverage and affirmed the dismissal of the claim.
The petitioner appealed the dismissal of her workers’ compensation claim. She was working for the respondent as a dispatcher, and on her meal break in October 2018, she was rear-ended.
What’s Hot in Workers’ Comp, Vol. 28, No.
Excluding counsel fees from payment of future medical benefits based on future medical expenses as speculative is contrary to Sec. 306(f.1)(7) of the Act, which prohibits provider from billing claimant for any costs relating to care under the Act.
In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The judge also approved a 20% Fee Agreement between the claimant and her counsel, but as to indemnity benefits only.
What’s Hot in Workers’ Comp, Vol. 28, No.
Under Section 440 of the Act, an unreasonable contest will always result in an award of attorney’s fees and a reasonable contest may result in an attorney’s fee award.
In this case, a workers’ compensation judge granted a Claim Petition and ordered payment of benefits for a September 17, 2020, work injury, but only through June 24, 2021, at which time, the judge found that the claimant had fully recovered from t
What’s Hot in Workers’ Comp, Vol. 28, No.
What’s Hot In Workers’ Comp - News and Results*
NEWS
RESULTS*
What’s Hot in Workers’ Comp, Vol. 28, No.
Superior Court affirms decision denying claimant’s motion to strike medical expert testimony regarding medical records produced for the first time after claimant’s medical expert’s deposition.
Ms. Trincia filed a Petition to Determine Compensation Due that alleged she injured her cervical spine and left shoulder in a work accident on September 23, 2020. The claimant’s primary care physician, Dr.
The 120-day rule does not apply if the employer/carrier only accepted compensability and provided treatment for a temporary exacerbation.
The claimant requested compensability, evaluation and treatment for the right knee, temporary total disability/temporary partial disability (TTD/TPD) and penalties, interest, costs, and attorney’s fees (PICA) related to an October 19, 2021, work-r
Appellate Division affirmed workers’ compensation orders denying medical treatment and finding lack of causation.
The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical and temporary benefits and two other orders denying her motions to suppress defenses and compel discovery.