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SIGNIFICANT CASE SUMMARIES VA CASE SUMMARY Kincaid v. State Police Virginia Workers’ Compensation Commission VA00001787759 Decided: February 8, 2022 The provisions that bar recovery of pre-notice compensation in accident cases do not equally apply to bar payment of pre-notice compensation in occupational disease cases. Background Claimant is a state trooper who was diagnosed with work-related… read more

SIGNIFICANT LEGISLATIVE UPDATE NJ LEGISLATIVE UPDATE New Jersey Bill A2617/S2998 Creates a “Hiring Preference” for employees with a prior work injury who are released to MMI On September 24, 2021, Governor Murphy signed Bill A2617/S2998 into law. While the impact of the law remains unclear, the purpose of the law is to create a “hiring… read more

SIGNIFICANT CASE SUMMARIES WV CASE SUMMARY Blue Flame Pipeline, LLC v. James Thomas State of West Virginia, Supreme Court of Appeals No. 20-0291 (Memorandum Decision) Decided: June 23, 2021 Even though the claims administrator never received a WC-1 Report of Injury, notice was sufficient under WV Code §23-4-15(a) because the claims administrator had actual notice… read more

SIGNFICANT CASE SUMMARIES DC CASE SUMMARY Howard University Hospital, et al. v. Lyles, et al. District of Columbia Court of Appeals No. 20-AA-405 Decided: January 27, 2022 When judging permanency, apportionment is not permitted for preexisting conditions allowed; whether Employers are entitled to a dollar-for-dollar credit for any previous permanency payments remains undecided Background Claimant… read more

SIGNIFICANT CASE SUMMARIES MD CASE SUMMARY Linda A. Sanders v. Board of Education of Harford County, et al In the Court of Appeals of Maryland Filed: December 17, 2021 A summary denial of a motion to reopen of modify under the Commission’s continuing jurisdiction is not subject to judicial review Background In 2015, the Commission… read more