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Archive by tag: Chartwell LawReturn

Exceptions To The Coming and Going Rule To Be Aware of During the Holiday Season and Year Round

As we head into the busy holiday season, employers may be faced with having to request uncommon tasks of their employees in order to meet high demands associated with this time of year.  If these tasks occur while traveling to or from work, what...By: Chartwell Law
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Chartwell Law | Dec 21,2019 |

The Interplay Between Breaks in Employment and Jurisdiction Pursuant to Section 305.2(a) of the Act

On November 25, 2019, the Commonwealth Court issued a decision addressing the effect that breaks in employment have on jurisdictional issues under Section 305.2(a) of the Act.  In doing so, the Commonwealth Court held that, when a claimant has...By: Chartwell Law
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Chartwell Law | Dec 13,2019 |

Holiday Events and Tennessee Workers' Compensation

It’s that time again when many employers are sponsoring holiday festivities for employees.  But if an employee is injured during a holiday event, is he or she covered under Tennessee’s workers’ compensation law?...By: Chartwell Law
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Chartwell Law | Dec 07,2019 |

2019 Case Law Update: Denial of Compensability of Short-Term Respiratory Exposure Claim

On October 17, 2019, the Florida First District Court of Appeal addressed whether the Judge of Compensation Claims (JCC) erred in denying Mr. Blanco’s Petitions for Benefits seeking workers’ compensation benefits, after he was exposed daily— for a...By: Chartwell Law
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Chartwell Law | Nov 21,2019 |

“Uber Law” Drives New Classification for Independent Contractors

California is potentially setting the precedent on how “employees” will be defined in the future. On September 18, 2019, Governor Gavin Newsom signed Assembly Bill No. 5 into law. The bill, dubbed the “Uber Law” will go into effect on January 1,...By: Chartwell Law
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Chartwell Law | Oct 24,2019 |

New York Prescription Drug Formulary Reform Implementation

New York’s 2017-2018 Executive Budget, enacted effective April 10, 2017, included significant reforms to the Workers’ Compensation Law (WCL). This update discusses the Board’s implementation of the prescription drug formulary, which will start...By: Chartwell Law
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Chartwell Law | Oct 07,2019 |

Commonwealth Ruling Addresses Defendant Actions through a Compromise and Release Agreement

On August 7, 2019, the Commonwealth Court ruled that the defendant in a fully denied workers’ compensation claim cannot take certain actions through a no liability Compromise and Release Agreement, to prevent a medical provider from receiving payment...By: Chartwell Law
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Chartwell Law | Sep 04,2019 |

Course and Scope: Don’t Fall Victim to the Geography Rule

In Peters v. WCAB (Cintas Corp), No. 1835 C.D. 2017, the Commonwealth Court was tasked with deciding another traveling employee course and scope issue and they seemed to establish a bright line rule, based solely on geography.  ...By: Chartwell Law
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Chartwell Law | Aug 08,2019 |

New York's "Expanded Provider Law" Will Allow for an Additional Class of Providers to Render Treatment to Injured Workers

New York’s Workers’ Compensation Law, as it stands, permits an injured worker to treat with any physician authorized by the Chair of the Workers’ Compensation Board to render medical care as provided under the Medical Treatment Guidelines, where...By: Chartwell Law
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Chartwell Law | Aug 02,2019 |

An Additional 450 Weeks on Reopener Cases That Become Total Cases

Previously, on a reopener of a permanent partial total disability case that turned into a permanent total disability case, there has always been a credit for the entire amount paid for the partial total award.  This leads to some great results on...By: Chartwell Law
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Chartwell Law | Jul 25,2019 |
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