Where a workers’ compensation claimant served an application for Board review upon the insurance carrier’s third-party administrator—but not the carrier itself—such service was defective and New York’s Workers’ Compensation... Read More

Despite the general informality associated with pleadings, petitions, and other procedural matters related to workers’ compensation claims, a worker’s letter to his employer’s workers’ compensation carrier, with a copy to the South... Read More

While it is clear that Wash. Rev. Code § 51.52.110 requires that the notice of appeal from a decision of the Washington Board of Industrial Insurance Appeals be filed with the clerk of the court and served on all required parties within 30 days,... Read More

Observing that under 12 NYCRR 300.13[b][2][iv], an application for administrative review, must include proof of service upon "all necessary parties of interest," and that insurance carriers were included in the list of necessary parties of interest... Read More

Acknowledging that the New York Workers’ Compensation Board had broad discretion in setting rules regarding the content and formatting of an application for Board review (form RB-89), a state appellate court nevertheless held the rules, as written... Read More

A defendant's contention that as an employer it was immune from tort liability in a civil action filed against it by an employee did not speak to the Washington trial court's subject matter jurisdiction, held a state appellate court. Accordingly... Read More

The Kansas “no progress” statute, Kan. Stat. Ann. § 44-523(f)(1), prohibits an administrative law judge from affirmatively allowing an extension to a claimant who fails to move for that extension within three years of the initial filing... Read More

Waiver anyone? This week's post features two cases on what I consider to be a huge procedural development in UR. A huge thank you to my friends at Tybout, Redfearn & Pell (especially Rob Greenberg and Nick Krayer) for their help in flagging the... Read More