Vol. 28, No. 5, May 2024

Delaware Developments

by Benjamin K. Durstein, Esq.


Delaware Supreme Court affirms the decisions of the IAB and Superior Court, holding that an employer CORRECTLY paid for ketamine infusion treatment in accordance with the Delaware Fee Schedule.

Taylor v. State of Delaware, 2024 WL 1209292 (Del. Super. Mar. 21, 2024). READ MORE

Florida Developments

by Linda Wagner Farrell, Esq.


Reporting an injury via a Petition for Benefits within 30 days of the alleged accident does not fulfill the notice requirement.

Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024. READ MORE

New Jersey Developments

by Kiara K. Hartwell, Esq.


Appellate Division vacated and remanded a trial court order denying employer’s application for satisfaction of its workers’ compensation lien as premature after the third party settlement.

N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024). READ MORE


Appellate Division finds that paid status during a break does not mandate workers’ compensation coverage and affirmed the dismissal of the claim.

Latshaw v. Lakewood Twp. Police Dep’t, No. A-3702-21 (Mar. 25, 2024). READ MORE

Pennsylvania Developments

by Francis X. Wickersham, Esq.


Excluding counsel fees from payment of future medical benefits based on future medical expenses as speculative is contrary to Sec. 306(f.1)(7) of the Act, which prohibits provider from billing claimant for any costs relating to care under the Act.

Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough. READ MORE


Under Section 440 of the Act, an unreasonable contest will always result in an award of attorney’s fees and a reasonable contest may result in an attorney’s fee award.

Glenny Torres v. Amazon.com Services LLC (WCAB); No. 1398 C.D. 2022; filed Apr. 9, 2024; Judge Wallace. READ MORE

FEE REVIEWS

Workers’ compensation is becoming increasingly sophisticated in Pennsylvania, and our practice group is dedicated to supporting our clients in all areas of the law that affect workers’ compensation claims. In particular, fee review filings have accelerated recently, and we are very familiar with the legal issues associated with the fee review process and its interplay with active workers’ compensation litigation. By becoming involved at the onset of a fee review filing, we are better positioned to defend the interests of employers/carriers.

 

Medical providers use fee reviews to challenge the timeliness or amount of medical payments made by employers/carriers. Providers are given two opportunities to file a timely application for fee review: (1) within 90 days of their original billing date, or (2) within 30 days after they are provided with notice of a dispute, whichever is later. The fee review process presupposes that liability has been established. Thus, providers’ allegations are accepted at face value during the initial stages. As an unfortunate consequence, employers/carriers may face unjust initial determinations. Disputing a fee review determination requires a de novo appeal, which must be filed within 30 days of the date of the determination. Our attorneys have extensive experience navigating the issues that then arise during fee review hearings, and we provide excellent guidance based on our thorough understanding of CPT codes and types of treatment. Our goal is to handle each case in an efficient and cost-effective manner.

 

For more information on fee review matters, please contact:

 

Daniel W. Deitrick, Esquire

412.803.1181 | DWDeitrick@mdwcg.com

 

Robin M. Romano, Esquire

215.575.2705 | RMRomano@mdwcg.com 

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Should you have additional inquiries, please contact:

Michele R. Punturi, Esq.

Director, Workers' Compensation Department

 

2000 Market Street, Suite 2300

Philadelphia, PA 19103

 

Marshall Dennehey

marshalldennehey.com

CONTACT US

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What's Hot in Workers' Comp, Vol. 28, No. 4, May 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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