The National Conference of State Legislatures has developed an excellent resource to track state level legislation related to COVID-19. Available here. This resource is also available through the I&F COVID-19 FAQ.
Indiana News
Slowed Down … not Shut Down: Resolving Cases During the COVID-19 Pandemic
We have all been impacted by COVID-19 and this impact is being felt in both our personal and professional lives. With “shelter in place” and “stay-at-home” orders issued by government entities across the Midwest—and throughout the country—we are experiencing closures of our favorite restaurants, businesses, and even our children’s schools. If you have been following … Continue reading Slowed Down … not Shut Down: Resolving Cases During the COVID-19 Pandemic
Indiana WCB Advises Claim Administrators and EDI Vendors of New Nature & Cause of Injury Codes for COVID-19 Pandemic
The Worker’s Compensation Board of Indiana (INWCB) has issued the following announcement to Claim Administrators and EDI Vendors: The Workers Compensation Insurance Organizations (WCIO) has updated the Injury Description Tables that are used by the International Association of Industrial Accident Boards and Commissions (IAIABC) to reflect specific coding in response to COVID-19. A new Cause … Continue reading Indiana WCB Advises Claim Administrators and EDI Vendors of New Nature & Cause of Injury Codes for COVID-19 Pandemic
Updated COVID-19 Court Information: Indiana, Michigan, Wisconsin
Inman and Fitzgibbons will continue to bring updated information regarding the operation and access to courts and workers' compensation administrative venues in the jurisdictions handled by the firm. The updates below detail the latest guidance from the WC agencies in Indiana and Michigan and a general announcement about court operations in Wisconsin. INDIANA: By order … Continue reading Updated COVID-19 Court Information: Indiana, Michigan, Wisconsin
I&F COVID-19 Update: A Message from I&F President G. Steven Murdock
Federal Legislative Response to Coronavirus Pandemic
In what is likely to be the first of several actions, President Trump signed into law HR 6201 “Families First Coronavirus Response Act” on Wednesday, March 18, 2020. The first thing to note is that this bill only applies to employers with fewer than 500 employees. The bill impacts a number of employer related programs: … Continue reading Federal Legislative Response to Coronavirus Pandemic
Indiana Worker’s Compensation Scheduling Update
The following information has been posted to the Indiana Worker’s Compensation Board Website: Pretrial conferences are cancelled through April 3rd, 2020. Joint pretrial order forms may be submitted electronically (where applicable) if the parties so desire, using the District email. Hearings will continue so long as directives from the Governor do not change or the … Continue reading Indiana Worker’s Compensation Scheduling Update
A Message from I&F Regarding COVID-19 / Coronavirus
The spread of COVID-19 has obviously raised significant issues for employers throughout the world. Employers face uncertainty around what they can and should do to promote the health and well-being of their workforce while navigating federal, state, and local regulations and while considering rapidly changing government warnings and restrictions. Although the current circumstances will likely … Continue reading A Message from I&F Regarding COVID-19 / Coronavirus
Workers’ Compensation Update: Coronavirus
These are obviously challenging times for employers across the country. Although there is much about this emerging pandemic that will call for navigating uncharted waters, the analysis of potential workers' compensation exposure need not be one of those issues. In Illinois, for example, The “Illinois Workers’ Occupational Diseases Act” (820 ILCS 310/) is one statute … Continue reading Workers’ Compensation Update: Coronavirus
Indiana WC Update: Impact of the ODG Drug Formulary
We are now a year removed from Indiana’s adoption of the (the “Formulary”) and its overall impact on worker’s compensation claims remains somewhat uncertain. This is true as it relates to litigating disputes over prescription drug approval and the broader impact on overall costs associated with worker’s compensation claims and reducing the opioid epidemic. In…
Indiana WC Update: Impact of the ODG Drug Formulary was originally published on Inman Fitzgibbons, Ltd.
Indiana WC Update: Impact of the ODG Drug Formulary
We are now a year removed from Indiana’s adoption of the (the “Formulary”) and its overall impact on worker’s compensation claims remains somewhat uncertain. This is true as it relates to litigating disputes over prescription drug approval and the broader impact on overall costs associated with worker’s compensation claims and reducing the opioid epidemic. In … Continue reading Indiana WC Update: Impact of the ODG Drug Formulary
I&F Hosts “Fall in the Workplace” Event
The women attorneys of Inman & Fitzgibbons, Ltd. recently hosted a fall-themed wine tasting and professional networking event at Lynfred Winery featuring wines from Lynfred along with “fall in the workplace” law lessons and tips from around the Midwest. I&F's Allison Mecher, Jill Baker, Jynnifer Cotharn, Sonia Das-Sturm, Kristin Thomas, and Judy Nash Allison Mecher … Continue reading I&F Hosts “Fall in the Workplace” Event
Will workers’ compensation MSA guidelines extend to personal injury cases?
As we previously reported, a CMS policy for liability Medicare set-aside (LMSA) review appears to be imminent. The current state of confusion is depicted in a recent case involving CMS. In Silva v. Burwell, the plaintiff was injured as a result of a medical malpractice incident, after which he sustained permanent and extensive brain damage … Continue reading Will workers’ compensation MSA guidelines extend to personal injury cases?
Will workers’ compensation MSA guidelines extend to personal injury cases?
As we previously reported, a CMS policy for liability Medicare set-aside (LMSA) review appears to be imminent. The current state of confusion is depicted in a recent case involving CMS. In Silva v. Burwell, the plaintiff was injured as a result of a medical malpractice incident, after which he sustained permanent and extensive brain damage…
Will workers’ compensation MSA guidelines extend to personal injury cases? was originally published on Inman Fitzgibbons, Ltd.
The Involvement of Nurse Case Managers in Indiana Claims
When discussing medical benefits for work-related injuries in Indiana, it is often said that the employer is responsible for directing medical care for injured workers. Members of the Indiana Worker’s Compensation Board are often quick to correct the common misconception that the employer “directs” medical care. Instead, pursuant to Indiana Code 22-3-3-4, it is the … Continue reading The Involvement of Nurse Case Managers in Indiana Claims
Indiana Court of Appeals Broadens the Definition of Earnings in Calculating the AWW
It is well settled in Indiana that worker’s compensation is meant to benefit employees and that the Indiana Worker’s Compensation Act should be construed liberally. According to a recent opinion issued by the Indiana Court of Appeals, in Midwest Equipment & Supply, Co. v. Garwood, this liberal construction appears to be especially true as it … Continue reading Indiana Court of Appeals Broadens the Definition of Earnings in Calculating the AWW
Recent Indiana Slip & Fall Claim Expands the Definition of “Neutral Risk”
In a recent Indiana Court of Appeals case, McBride v. Midwest Estate Buyers, LLC, the Court delved into whether an employee’s slip and fall resulted in an injury that “arose out of” her employment. In this case, the claimant was employed at a jewelry store and liked to wear nice, stylish clothing to work. On … Continue reading Recent Indiana Slip & Fall Claim Expands the Definition of “Neutral Risk”
Understanding Medicare’s Secondary Payer Private Cause of Action against Primary Payers
As a “secondary payer,” Medicare has an interest in any workers’ compensation claims where it may have paid for medical care that might be related to the workers’ compensation injury. Medicare calls payments it makes to a Medicare beneficiary “conditional payments.” The condition is that Medicare will seek reimbursement for the payments made if it … Continue reading Understanding Medicare’s Secondary Payer Private Cause of Action against Primary Payers
Indiana Employer and Its Subsidiaries Protected by the Exclusive Remedies Provision of the Act
In Brenda Hall v. Dallman Contractors, LLC, 51 N.E.3d 261 (2016), the Indiana Court of Appeals recently addressed whether an employee could pursue a negligence action against a subsidiary of AT&T, Inc., after she had already received a worker’s compensation settlement from her employer, Ameritech. The Court of Appeals answered in the negative, barring further … Continue reading Indiana Employer and Its Subsidiaries Protected by the Exclusive Remedies Provision of the Act
Indiana Court of Appeals Holds Termination of Employment does NOT Bar Entitlement to TTD Benefits in Indiana
The Indiana Court of Appeals recently weighed in on an issue that could prove troublesome for Indiana employers. In March, the Court addressed the issue of whether an injured employee was entitled to temporary total disability (“TTD”) benefits after being terminated for misconduct on the job. Both the Indiana Worker’s Compensation Board and the Court … Continue reading Indiana Court of Appeals Holds Termination of Employment does NOT Bar Entitlement to TTD Benefits in Indiana
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