I’ve written before on why you need to settle your workers’ compensation claim with more than just an SI-42. See post here. As I noted in that post, if your settlement includes a release of any and all employment related claims, there are a number of considerations you need to take into account, including the … Continue reading Why Should Your Workers’ Compensation Attorney Understand the Age Discrimination in Employment Act and Fair Labor Standards Act? Here’s why.
First, a disclaimer. The first case I'm about to discuss is from California. Fortunately (from a defense attorney's perspective at least) I don't practice in California. I get the impression that a California employee can have a cause of action (and apparently even a workers' compensation claim) for their boss looking at them the wrong way. However, when … Continue reading Why You Need To Settle Your Workers’ Compensation Claims Using More Than an SI-42
For many of you reading this the Center for Medicare/Medicaid Services (“CMS”) may sometimes feel like the bane of your existence. Gone are the good old days when you could settle the claim of an older worker secure in the knowledge that future medical payments for the injuries underlying the claim would be covered by … Continue reading CMS Sues Yet Another Attorney for Failing to Reimburse Medicare
Last week, in Bur. Of Workers’ Comp. v. Verlinger, Slip Opinion No. 2018-Ohio-1481, the Supreme Court held that the BWC’s right of subrogation vests at the time of the injury or death that occurred during the course of employment. This decision is important because, before this decision, injured workers would assert that the employer/BWC’s subrogation … Continue reading OHIO SUPREME COURT HOLDS THAT EMPLOYERS’ SUBROGATION INTEREST VESTS AT THE TIME OF THE INJURY