Tag: procedure

May 12, 2020

NY Carrier Fails to Notify its Attorney of Claimant’s Application for Board Review and Loses Appeal

Illustrating what can happen when a workers' compensation carrier fails to notify its counsel of the carrier's receipt of important papers concerning a claim, a New York appellate court affirmed...

NY Carrier Fails to Notify its Attorney of Claimant’s Application for Board Review and Loses Appeal NY Carrier Fails to Notify its Attorney of Claimant’s Application for Board Review and Loses Appeal
Apr 15, 2020

For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific Date

New York practitioners are aware that when a party seeks review of a WCLJ's findings, the state's Workers' Compensation Board has become quite strict in its examination of a party's...

For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific Date For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific Date
Feb 13, 2020

Florida’s 30-Day Grace Period to Avoid Attorney’s Fees is Not Extended for Holidays and Weekends

Florida’s Rule 60Q-6.109 of the state’s Rules of Procedure for Workers’ Compensation Adjudications provides that if an act required or allowed to be done falls on a holiday or weekend...

Florida’s 30-Day Grace Period to Avoid Attorney’s Fees is Not Extended for Holidays and Weekends Florida’s 30-Day Grace Period to Avoid Attorney’s Fees is Not Extended for Holidays and Weekends
Dec 23, 2019

NY Court Bars IME Physician’s Testimony on Strict Procedural Grounds

A recent decision from the Empire State, Matter of Keller v. Cumberland Farms, 2019 N.Y. App. Div. LEXIS 9113 (3d Dept. Dec. 19, 2019), illustrates a point sometimes lost on...

NY Court Bars IME Physician’s Testimony on Strict Procedural Grounds NY Court Bars IME Physician’s Testimony on Strict Procedural Grounds
Dec 13, 2019

State Court Strikes Down New York Board’s Eight-Page Brief Limitation

A regulation of New York’s Workers’ Compensation Board [N.Y. Comp. Codes R. & Regs., tit. 12, § 300.13(b)(1)(i)] that authorizes the Board to dismiss an application for Board review where...

State Court Strikes Down New York Board’s Eight-Page Brief Limitation State Court Strikes Down New York Board’s Eight-Page Brief Limitation
Apr 23, 2019

Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies Retroactively

In a second recent case construing the effects of Kan. Stat. Ann. § 44-523(f)(1), which, according to the first such case, Glaze v. Williams, 2019 Kan. LEXIS 75 (Apr. 19,...

Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies Retroactively Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies Retroactively
Apr 22, 2019

What’s In A Comma?

Divided Kansas Supreme Court Argues Over Workers’ Comp Act’s “Failure to Move Forward” Statute In a divided decision, the Supreme Court of Kansas held that Kan. Stat. Ann. § 44-523(f)(1)...

What’s In A Comma? What’s In A Comma?