Workers' Compensation

Recent Posts

New York: Service of Application for Board Review on TPA Was Not Service on Carrier Itself
Posted on 3 Oct 2021 by Thomas A. Robinson

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

South Dakota: Injured Worker’s Letter Requesting “Review of Benefits” Insufficient to Toll Statute of Limitations
Posted on 30 Aug 2021 by Thomas A. Robinson

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

Washington: Proof of Service Need Not Be Filed Within 30 Days of Board's Decision
Posted on 27 Jun 2020 by Thomas A. Robinson

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

New York: Claimant's Failure to Serve Carrier's Attorney With Application for Board Review Not Fatal
Posted on 27 Jun 2020 by Thomas A. Robinson

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

New York: 8-Page Brief Rule Struck Down (as Currently Written)
Posted on 5 Jan 2020 by Thomas A. Robinson

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

Washington: Employer Chooses Incorrect Subsection in Rule 12 Motion to Dismiss
Posted on 16 Sep 2019 by Thomas A. Robinson

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

Kansas: Split Supreme Court Mulls Over “No Progress” Statute
Posted on 26 Apr 2019 by Thomas A. Robinson

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

God Bless the Broken Road: Delaware IAB Rules on Major Issue of Procedure in UR
Posted on 29 Apr 2011 by Cassandra Roberts

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