Tuesday, April 26, 2016

A Year in Review: Significant Workers' Compensation Cases of 2015

by Robert Ferreri, Esq.

With 2015 in the books I thought it would be interesting to offer this look back at some significant cases decided by Kentucky's Court of Appeals and Supreme Court last year. The first two cases addressed the statute of limitations and the statute of repose respectively regarding reopening of claims.

Other issues addressed in these decisions included the ongoing modification of the parameters of qualification for temporary total disability (TTD) benefits, facts necessary for a claimant to prove entitlement to the 2x enhancement of benefits for cessation of earning an equal or greater average weekly wage, and the end of apportionment of liability between employers in cumulative trauma claims.

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Thursday, September 24, 2015

5 Ways Collective Bargaining May Impact Workers' Comp Claims

by James D. Hamilton, Esq.

As much as many of us might hate to admit it, we all have a tendency to become creatures of habit when we become comfortable. There is no place this is more evident than in our professional lives.

Specifically, for professionals handling workers' compensation claims, we are no different. When we have performed our particular job for a certain period of time and have become comfortable in our knowledge of the subject matter and our duties as claims professionals, legal counsel, or human resource professionals, we form habits that we repeat over and over and over again.

This behavior certainly has its advantages. We create efficiencies that allow us to perform our jobs faster, handle and resolve claims more quickly and even handle more claims. It also creates consistency which is always a good thing.

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Wednesday, January 7, 2015

To Return or Not Return an Injured Employee to Work: That is the Question

by Kristine M. McCardle, Esq.

Many California employers are not certain when a workers' compensation claim triggers the return to work interactive process. Insurance carriers handling the workers' compensation claim cannot and do not provide legal information on how to correctly handle the return to work issue. Often the claims adjuster will call the employer and ask, "Can you take the employee back to work; yes or no?!?" A quick and simple "No" can quickly trigger a very expensive wrongful termination lawsuit.

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