Atkins David LLC

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So far Atkins David LLC has created 251 blog entries.

Arguments For Changing the System: Complaints by Both Sides

by Nathaniel Hofman, Esq.

One of the more interactive panels involved defense and claimant attorneys discussing aspects of the law each side would change if they could. In a nutshell, attorneys for claimants want the compensation rate increased and to make it more difficult to decrease those benefits once they are started. Attorneys for employers and […]

Wednesday, October 11, 2017|

Is This an Idiopathic Injury? Clarification on Confusing Case Law

by Christopher Pugh, Esq.

What constitutes an idiopathic injury is a familiar topic in workers’ compensation because the criteria can be confusing. Idiopathic claims are those in which an injury is deemed not to have arisen out of employment because the claimant’s injury was from an unknown cause or for reasons personal to the employee. A […]

Wednesday, October 11, 2017|

Recent Appellate Division Decisions

by Tyler Jones, Esq.

Those who attended the conference were fortunate to gain insight from the panel on recent Appellate Division decisions, which included Judge Gobeil providing her perspective from behind the bench. The panel covered many cases, but the most relevant cases she reviewed are below, and address causation, ingress/egress, and willful misconduct.

• Causation

This case […]

Wednesday, October 11, 2017|

SSDI/Medicare Status – A Quick and Easy Way to Verify

by Kenneth A. David, Esq.

Want to know if a claimant has applied for SSDI or is Medicare eligible?  It is now a simple process in which you do not need a vendor or even authorizations signed by the claimant.  All you need to do is direct the claimant or claimant’s attorney to the SSA website […]

Friday, August 18, 2017|

What is the Correct Accident Date?

by Emily Anderson, Esq.

Once an employee is injured, they have one year from the date of the injury to file the claim if no lost time is paid. When there is a specific accident, knowing what date to use is easy. However, not all injuries are that straight forward.

• Cumulative Trauma: when an employee does […]

Tuesday, August 8, 2017|

Summary of Board Rule Changes Including Addition to Rule 205, Increasing Pressure on Insurers to Authorize Medical Services within 5 Days

by Emily Anderson, Esq.

The Board recently published new rules, effective July 1, 2017. The most substantive change is to Rule 205, which provides expedited access to judges via conference calls to address delays of more than 5 days in authorization for medical treatment or testing in compensable claims. In order to implement Rule 205(c), the […]

Tuesday, August 8, 2017|

CMS Re-Review Now Available: A Way to Reduce Previously Approved MSAs

by Emily Anderson, Esq.

Prior to July of this year, submitting an MSA to CMS held more of a risk, since the initial amount approved by CMS was typically the amount the parties were stuck with, even if circumstances changed. CMS would only review an MSA once, unless there was an obvious mistake (i.e. a math […]

Tuesday, August 8, 2017|

Lunch Call Podcast #1: The WC-1

In less than 20 minutes, learn how to properly complete the First Report of Injury. Intended for employers and TPAs.

Tuesday, August 8, 2017|

Medicare Set-Asides – Coming Soon to Personal Injury Cases

by Vincent A. Toreno, Esq.

While Medicare Set-Asides have been a fixture in workers’ compensation cases for years, they have been much less commonly seen in liability cases.  That will likely be changing.  Until now, the Centers for Medicare and Medicaid Services (CMS) has provided little guidance on how to ensure that Medicare’s interests are protected […]

Thursday, July 20, 2017|

Impact of New Willful Misconduct Ruling on Recovery of Workers’ Compensation Benefits

by Frank A. Wasser, Esq.

A recent ruling by the Georgia Supreme Court expanded the scope of the “willful misconduct defense” in favor of employers and insurers. In Chandler Telecom, LLC v. Burdette, the court held that an intentional violation of an employer’s rules may bar compensation, when that violation is committed “either with the knowledge […]

Wednesday, June 14, 2017|