Workers' Compensation Academy Workers' Compensation Academy

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.