Attorneys Vanessa Mendelewski and Jeffrey D. Newby review the statute and case law regarding the Workers’ Compensation Act in New Jersey and injuries occurring on sidewalks and parking lots while employees are coming to work or headed home. These scenarios happen all too often. You need to know what issues to look for and facts to gather. Questions that are answered in this discussion include:
· What forms of evidence should employers and insurance carriers consider to properly defend a workers’ compensation claim for an off-premise injury?
· Are workers eligible for workers' compensation if they are injured enroute to and from work?
· What constitutes an off-premises injury, and at what point of the walk to work does the employer become responsible? Will pending legislation have a significant impact on these claims?
How will legislation from 2020 impact New Jersey workers' compensation claims in 2021 and beyond? Workers' Compensation Partners Jeffery D. Newby and Cheryl A. Binosa provide a recap and update on significant legislative changes and case law updates in New Jersey Workers' Compensation from 2020 that could impact businesses and insurers. This episode covers the hand & foot bill, coverage for cannabis, the coming and going rule, subrogation cases, jurisdiction defense, COVID-19 presumption, surveillance, and the Odd lot Doctrine. Jeff and Cheryl discuss how each topic is impactful and ways businesses and insurers should prepare for potential claims.
What do you need to provide your defense counsel with for the defense of a claim? Partners Jennifer Laver and Robert Hanneman discuss what defense counsels need to give an accurate analysis of a claim, compensability, medical treatment, temporary benefits, and exposure risk. Jen and Rob also explain why information such as wage history, an ISO report, personnel file, leave of absence, medical records, and more are essential to handle the claim efficiently. During this episode, Jen and Rob provide examples of why getting this information can reduce exposure and get pre-existing credit.
Will COVID-19 end the exclusive remedy provision in the Pennsylvania Workers' Compensation Act? Workers' Compensation partners, Christian (Chris) A. Davis and Sherri L. Dougherty explore how COVID-19 exposure in the workplace could end the exclusive remedy provision. Chris and Sherri also discuss pending cases and how their outcome will affect future workers' compensation cases.
Investigation can be a crucial part of any workers’ compensation case. Weber Gallagher associates, Vanessa Mendelewski and Scott Wilson explain why wage and rate, medical records, personnel files, and an ISO search are important preliminary investigation pieces the carrier should be conducting. Additionally, guest Earl Anderson, of Investigative Solutions LLC, discusses social media and surveillance, explaining the type of surveillance he runs and why the information gathered can be necessary for a case.
What considerations should businesses examine when obtaining an Independent Medical Evaluations (IME) in workers' compensation matters in Pennsylvania? In this episode, Weber Gallagher Partner Peter Harrison and Associate Patrick Cummings dive into using an IME before and during litigation. They discuss why you should consider all medical evidence, the experts, which body parts are involved and more. Tune in now to learn more and understand how to be more prepared for the next claim.
Do you want to learn more about controlling excessive medical costs on your Pennsylvania workers’ compensation claims? Tune in as our lawyers, Sherri Dougherty and Dawn Nicholson, discuss the use of utilization reviews, use of panel providers, defending fee reviews, challenging payment for medical marijuana and compromising medical bills on a contested claim. They go into detail about what happens if medical treatment is found unreasonable and unnecessary by Utilization Review, why you might file a petition to review, or not use a utilization review at all. Sherri and Dawn also review how medical marijuana payments in Pennsylvania workers’ compensation claims are currently being handled.
John C. Kutner and Scott Wilson discuss medical marijuana and opiates as it pertains to workers' compensation claims. John and Scott look at the different reasons why medicinal marijuana and opiates might be prescribed, how a carrier or insurance company should handle the claim and best practices for moving forward. They also provide an overview of the current state of medical marijuana laws around the county.
Weber Gallagher Workers’ Compensation Partners David Greene and Jeffrey Seyfried discuss how COVID-19 is affecting employers who have to layoff or furlough workers from light-duty and if you have to reinstate total disability benefits.
Weber Gallagher Workers’ Compensation Partners Jeffrey D. Newby, Jennifer G. Laver and Penelope Caamaño discuss how New Jersey workers' compensation has been impacted by COVID-19 and what future claims may look like.
Weber Gallagher Workers’ Compensation Partners Jennifer G. Laver and Robert R. Hanneman Jr. discuss the different types of benefits employees are entitled to following a work accident. Jen and Rob review the two types of indemnity payments New Jersey allows, which are temporary and permanency benefits. Rob delves into specifics regarding temporary benefits, including what average weekly wage is, when you can collect, how to calculate and more. Jen then details specifics about permanency benefits, which include permanent partial disability (Section 20 and Order Approving Settlement) and briefly discusses total permanent disabilities.
Closing files, and thereby reducing reserves, are two of the most important metrics by which insurance carriers, third-party administrators and employers measure success. Weber Gallagher's Workers' Compensation Department Co-Chairs, Paul Fires and Jeffrey Newby, discuss ten of their many creative ways to close a file. In doing this, Paul and Jeff also compare differences between Pennsylvania and New Jersey workers' compensation laws and regulations, analyze case law standards and provide practical suggestions. During this engaging conversation, Paul and Jeff delve into specific topics such as worker recovery, job flexibility, medical control, reopeners, employee relationships, Medicare complications, and how you settle cases in each state. This program will teach you how to move a file to its inevitable conclusion and when and whether litigation can be a last resort to achieving your goals.
Weber Gallagher Workers’ Compensation Partners Alan A. Arsenis and Robert R. Hanneman Jr. discuss the ins and outs of medical treatment in New Jersey Workers’ Compensation claims. In this episode, Alan and Rob give a brief overview of the benefits a petitioner is entitled to under the Workers' Compensation Act, address potential mistakes that could be made during the claims process and review the difference between curative and palliative care. They also examine what happens if a claimant becomes non-compliant and what that could mean for the case. They explain how and why they chose specific experts for second opinions, which can be crucial for managing the overall medical treatment. Alan and Rob touch on opioid medication and the use of medical marijuana in treatment for workers’ compensation claims. Finally, they delve into maximum medical improvement, level of functionality, peer reviews verse independent medical evaluation (IME) and providing treatment without prejudice.
Weber Gallagher Workers’ Compensation Partners Christian Davis and Peter Harrison discuss strategies to manage Pennsylvania Workers’ Compensation risk both from a pre-litigation and litigation standpoint. Chris and Pete provide strategies to employ before claims are filed and how to manage exposure once a case goes into litigation.
Weber Gallagher Workers' Compensation Attorneys Joe Borucki and Vanessa Mendelewski examine several tactical and litigation strategies to help create a strong defense when dealing with workers' compensation claims in New Jersey. In the second half of this two-part episode, they review why the facts of the cases are essential when forming a defense. Joe and Vanessa then delve into why major and minor deviations are important. They look at several other defenses available to respondents including, horseplay, workplace assault, and the intoxication of the worker. A few other items they will discuss include causal relationships and wage/rate issues. Throughout the second part of this episode, they will review what information is important when formulating a defense, why it's essential and how they use it in their practice.
Weber Gallagher Workers' Compensation Attorney, Jeffrey Seyfried is joined by Dr. Robert Mauthe, Pain Management and Rehabilitation Expert certified in Independent Medical Evaluations (IME). In this episode, they discuss how important an IME can be to employers and insurance companies in helping to manage their risk. Throughout this episode, Jeff and Dr. Mauthe discuss the IME cover letter, pre-existing conditions, causation, mechanism of injury, and the review and interpretation of medical records and diagnostic tests. They address aggravation versus the recurrence of injuries in workers' compensation matters. Jeff and Dr. Mauthe also discuss recognizing symptom embellishment, and they describe the best approach to obtaining and impartial and thorough examination of an injured worker.
Weber Gallagher Workers' Compensation Attorneys Joe Borucki and Vanessa Mendelewski examine several tactical and litigation strategies to help create a strong defense when dealing with workers' compensation claims in New Jersey. In the first part of this two-part episode, they review claim handling guidelines, medicals and intake materials including the claim petition and claim file documents. Joe and Vanessa then delve into specifics detailing offenses such as Statue of Limitations, Illegal Aliens, Independent Contractors, Notice and New Jersey Jurisdiction. Throughout this episode, they will review what information is important when formulating a defense, why this information is essential and how they utilize this information in their practice.
Weber Gallagher Workers’ Compensation Attorneys Edward D. Barket Jr. and Brian F. Dunstone discuss the standard Bureau Documents issued at the outset of a workers’ compensation claim in Pennsylvania. These documents including a Notice of Compensation Denial, Notice of Temporary Compensation Payable, Notice Stopping Temporary Compensation Payable, Notice of Compensation Payable, and Statement of Wages. Ed and Brian discuss these documents, what they are used for, when to file each, and how they impact the flow of a workers’ compensation claims in Pennsylvania.
Weber Gallagher Workers’ Compensation Department co-Chairs Paul Fires and Jeffrey Newby discuss the differences between Pennsylvania and New Jersey workers’ compensation laws in a lively exchange designed to bring claims professionals and risk managers up to date on claims practice in these adjacent states. Paul and Jeff cover impactful workers’ compensation topics such as the online court system, medical treatment guidelines, case settlements and Section 20’s, notice and statute of limitations effects, average weekly wage and rates, minimum and maximum indemnity rates, subrogation, when forms are important, and many more topics. Every subject covered in this podcast episode compares PA and NJ workers' compensation legislation, regulations, case impacts and best practices in each state.