News

SIGNIFICANT CASE SUMMARY NJ CASE SUMMARY In the Matter of Thalia Tretsis Middlesex County Superior Court of New Jersey, Appellate Division A-3683-19 Decided: February 15, 2022 A Functional Capacity Evaluation may be utilized by an employer as grounds for removal from a public position for inability to perform pre-injury job duties. Background Ms. Tretsis sustained… read more

SIGNIFICANT CASE SUMMARY MD CASE SUMMARY Westfield Ins. Co. v. Gilliam In the Court of Appeals of Maryland Filed: February 8, 2022 The statutory offset against underinsured motorist benefits is the amount actually paid to a healthcare provider, not the amount billed by the provider Background Claimant was rear-ended in an automobile accident while driving… read more

SIGNIFICANT CASE SUMMARY DC CASE SUMMARY Forrest J. Hatcher, et al. v. Miracle Electric, et al. District of Columbia Court of Appeals No. 20-AA-173 Decided: February 14, 2022 In a controverted case, the OWC approval of a partial settlement is not a compensation order subject to penalties for late payments. Background In a disputed claim,… read more

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