Latest Articles
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August 14, 2018
Hate crimes occur in the workplace in every state. However, across the nation there is very little case law explaining whether hate crimes are compensable under workers’ compensation law. California is one of the few states that has enacted legislation explicitly prohibiting the denial of workers’ compensation benefits based solely on an assailant’s hatred of an employee-victim based on their membership to a protected class. But most states’ workers’ compensation statues are not clear on whether hate crimes are compensable under workers’ compensation.
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August 14, 2018
Effective January 1, 2018, the Administrative Director of California adopted 23 new regulations, California Code of Regulations numbers 9792.27.1 through 9792.27.23, for the purpose of creating a “formulary for medication.” In the Administrative Director’s statement regarding the adoption of the formulary, the national and statewide issue of deaths related to the use of opioid medications was cited, as was the goal of providing “safer prescribing” of opioid pain relievers. The Administrative Director also cited the more general goal of “broadly updating” the Medical Treatment Utilization Schedule to allow patients to receive treatment which is “in accordance with the most recent standards of evidence-based care.”
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August 14, 2018
The Appellate Division of the Rhode Island Workers’ Compensation Court recently took steps to clarify the sometimes vexing problem of which carrier is to be assigned liability in an occupational disease claim. In Auda Vielman v. Tiffany Co., W.C.C. 2013-0164, the court considered the claims of various insurers for a repetitive trauma which “occurred” over numerous years performing repetitive work as a jewelry assembler for the same employer.
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August 14, 2018
With the increasing number of states legalizing marijuana, it’s clear that it will have an effect on the workplace injury compensability. While marijuana as a treatment for chronic pain has become a hot topic, a lesser known way in which marijuana can complicate the workers’ compensation system is less discussed: intoxication.
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August 14, 2018
Settling workers’ compensation claims is often a method used to resolve difficult cases or those cases where high benefit exposure exists. The parties typically rely on standard and boilerplate settlement documents which have been previously approved by the court. The Appellate Division of the Rhode Island Supreme Court recently considered the use of such boilerplate language, and its decision on the use of certain standard language should cause all parties to consider and review their existing settlement documents more closely.
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August 14, 2018
In 2016, California voters approved Proposition 64, the California Marijuana Legalization Initiative (CMLI), which legalized recreational marijuana in the state. The CMLI joins the Medical Marijuana Regulatory and Safety Act (MMRSA), a legislative package regulating medical marijuana consumption, and the Compassionate Use Act of 1996, which gives a person who uses medical marijuana a defense against specific state criminal charges for possession.
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August 07, 2018
New York Partner Jay Kramer was recently quoted by HealthcareInfoSecurity.com in the site’s article, “Boston Children’s Hospital DDoS Attacker Convicted.”
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July 02, 2018
Fourth Circuit Affirms Conviction and Sentencing of Vessel Owner and Operator for Violations of APPS
On May 7, 2018, the Fourth Circuit in United States v. Oceanic Illsabe Limited affirmed the conviction and sentencing of a vessel owner and operator for violations of the Act to Prevent Pollution from Ships (APPS).
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