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NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.
NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
H&W New York Workers' Compensation Defense Newsletter
Full Board Reverses Panel Decision That Provided Exception toDelta Airlines Attachment Decision
One year ago we reported on the Board Panel decision in Barbella Environmental Tech, which provided an exception to theDelta Airlines ruling on labor market attachment. The ruling deemed claimants who were still employed by the employer of record to be attached to the labor market without the need to produce proof of same as required by theAmerican Axle decision. The Barbella Board Panel decision narrowed the ruling in cases like Delta Airlines, finding that only in cases where there is objective medical evidence that the claimant could return to work with the employer of record and where the claimant has a realistic expectation to return to work with the employer is the claimant relieved of the need to prove labor market attachment.
The Full Board reviewed the Barbella decision earlier this year and reversed the Board Panel decision inBarbella. The Full Board decided not to adopt the two-pronged test created by theBarbella panel’s majority and unfortunately affirmed the rule that a claimant has not voluntarily withdrawn from the labor market where the claimant continues to be employed by the employer and the medical evidence in the record establishes that a claimant is unable to return to work.This decision will make it more difficult to defend against indemnity benefits in claims where a claimant remains “on the books” with the employer of record.
Still No Word on Pharmacy Formulary
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