Attorneys Tashia Rasul and Greg Lois discuss the recent case law developments in New York and New Jersey workers’ compensation cases involving medical marijuana. They cover the practical aspects of defending claims where medical marijuana is available, what standards the courts use when authorizing the use of marijuana, and practical aspects of paying for a substance that is on the Federal controlled substances list.
The New Jersey Department of Labor has announced that the maximum workers’ temporary disability compensation benefit rate for 2019 will be $921.00 per week and the minimum rate will be $246 per week. These rates take effect for new injuries occurred on or after January 1, 2019. Benefit rates in cases with dates of loss prior to January 1, 2019 do not get this higher rate – New Jersey does not have a cost of living increase for established claims. Continue reading New Jersey Announces 2019 Benefit Rate Change: $921 Per Week
After last month’s episode discussed a favorable Board Panel Decision to employers and carriers, life at the Workers’ Compensation Board resumes normal claimant-friendly activity with the recent Third Department decision in Taher v. Yiota Taxi. Andrea Abudayeh joins Christian Sison to discuss how the Taher decision impacts permanency cases involving established schedule and non-schedule sites. How can we best defend cases in a post-Taher world, and how are Judges applying this case going forward?
Continue reading Impact of the Taher v. Yiota Taxis Decision: Third Fridays Podcast
Attorney Karen Vincent leads a presentation on the defense of off-premise injuries in New Jersey. In this presentation she discusses lunchtime injuries, accidents occurring during commutes to work, and “special missions.”
Continue reading Defending Off-Premises Injuries in New Jersey
This is the video from our June 18, 2018 webinar presentation discussing the facts of Matter of Rodriguez v New York City Tr. Auth., decided May 31, 2018, and the impact of the decision on the defense of off-premises cases in New York as well as answering questions LIVE about specific fact scenarios like this one.
New York injured workers are compensated through their employer’s workers’ compensation insurance policies for all lost time and medical treatment that is causally related to their work-related injury. However, an injured worker can be precluded from receiving continuing and prior benefits if he or she acts fraudulently for the purpose of obtaining such benefits.
New York Workers’ Compensation Law (WCL) Section 114-a governs fraud and describes significant penalties for those who are caught committing fraud such as a permanent ban on their eligibility to receive indemnity benefits and/or a permanency award. Continue reading Is Income Earned Through Criminal Activity Fraud under Section 114-A?