May Updates to Workers’ Compensation Rules and Procedures – New Jersey, New York and  Pennsylvania

May Updates to Workers’ Compensation Rules and Procedures – New Jersey, New York and Pennsylvania

By Charlene Stewart Barnaba and Anthony M. Napoli. During the COVID-19 Outbreak, many of us may be directly affected by the coronavirus, experiencing financial hardships, working remotely and practicing social distancing. This includes claimants seeking workers’ compensation benefits and attorneys as well as judges and staff. However, this presents new challenges to keep everyone safe and healthy while still conducting business before the Board. In PMT’s continuing efforts to keep you informed, below are some of the recent updates in New York, Pennsylvania and New Jersey which we feel are important for you to know. Please use these links to view how it’s affected your state: New York, Pennsylvania & New Jersey New York May Updates to Workers’ Compensation Rules and Procedures Below are some highlights of the updated NYS Workers’ Compensation Board emergency amendments, adopted in April 2020. The Board’s specific Response can be found at its website: http://www.wcb.ny.gov/content/main/TheBoard/WCBcovidresponse4-20.pdf In situations where payers are not sure if a claim is compensable, they are encouraged by the Board to consider issuing payment without initially accepting liability, rather than disputing the claim. Telemedicine and telephonic visits in some circumstances for social distancing purposes are permitted. Deadlines have been extended for healthcare providers to obtain authorizations for certain medications. New nature and cause of injury codes are now available in response to the pandemic and the Injury Description Tables have been updated to reflect this specific coding. The use of email, rather than fax, should be utilized for the efficient transference of communication and information. Injured workers need not demonstrate attachment to the labor market to continue receiving partial disability payments...
Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey

Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey

By Charlene Stewart Barnaba, Laurie A. Carroll and Anthony M. Napoli. COVID-19 has gripped the entire world and each of our local communities. The PMT Law Firm is working to keep our clients informed during these unprecedented times. PMT’s resource of knowledge and industry experts in a variety of important fields are working to keep you up to date and your business protected. We are here to answer your questions and address your concerns. As the impact of the COVID-19 pandemic continues to evolve, businesses should carefully consider a number of contractual provisions and operational issues that are likely to play a significant role in the short and long term and may be the subject of disputes and litigation to come. Early retention of counsel to assess these issues may help to reduce litigation risk. Please use these links to view how it’s affected your state: New York, Pennsylvania & New Jersey New York Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey Below is a summary of some of the provisions of Executive Order 202 necessitated by the coronavirus pandemic. The Board is conducting workers’ compensation hearings remotely, using the Board’s Virtual Hearings service. Injured workers can also choose to appear by phone. If an unrepresented injured worker is unable to participate in a hearing, it will be rescheduled. DVD and other evidence that the parties wish to introduce, should be mailed to the Board and the opposing parties within two days of introducing it at the hearing. In addition, if claimant is unable to see his/her attending physician due to the physician’s...