Workers’ Compensation Legislative Update

Representative Ryan Mackenzie (R-Lehigh) authored House Bill 18 (HB 18) which, if passed, would establish a formulary that would be used to determine the reasonableness and necessity of prescription medication.[1]  More specifically, the bill would require the Department of Labor and Industry to select a prescription drug formulary.   Any prescription drug treatment inconsistent with the selected formulary would be considered unreasonable and...

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List Grows of Municipalities, Cities and States Suing Pharma Companies Due to Opioid Crisis in the U.S.

Last week, the Pennsylvania Counties of Delaware, Lackawanna and Dauphin joined a growing list of municipalities, cities and states which have filed lawsuits or plan to sue the major pharmaceutical manufacturers as part of an effort to fight the opioid epidemic. Part of the basis for these suits is that government entities have paid millions of dollars for police and emergency-related services due to increased drug arrests and overdoses.   In...

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Defeating a Hoey Defense in Delaware Termination Petition Litigation

The Hoey defense is applicable when an employer seeks to terminate the benefits of an employee that remains employed by the time of injury employer at the time the Termination Petition is litigated. If successful in establishing a Hoey defense, the employee can continue receiving total disability benefits despite being physically able to work and having earning power pursuant to a labor market survey. Hoey and its progeny stemmed from a...

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The Statute of Limitation Defense Can be a Winning Defense in Occupational Claims

When an employer is faced with an occupational claim filed by an employee, the statute of limitations defense should always be considered.  N.J.S.A. 34:15-34 requires that an occupational claim be filed within two years from the date the employee knew of the condition and its relationship to the job. In order to be successful in winning a statute of limitations defense, the employer must thoroughly investigate the facts and medical evidence...

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