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Archive | October, 2012

Settlement of Claims Against Statutory Employers

Posted by: Steven J. Picardi Date: October 24, 2012 In an effort to ensure that an injured worker will receive workers’ compensation benefits even when his actual employer fails to maintain workers’ compensation insurance, Section 8-41-401 provides that any person or company conducting any business by contracting out any part of its business to any […]

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Deadline to Request Specific Findings Jurisdictional and Cannot Be Extended

Posted by: Steven J. Picardi Date: October 19, 2012 The Court of Appeals recently revisited and affirmed prior case law holding that the deadline to request entry of Specific Findings of Fact, Conclusions of Law and Order (a prerequisite to any appeal) is jurisdictional, and the failure to request specific findings within the deadline divests […]

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Picardi on Faculty of Continuing Legal Education Seminar

Steven J. Picardi, Esq., is on the faculty of the continuing legal education seminar Workers’ Compensation Hearings: Techniques and Strategies for Success , presenting the topic “Avoiding Ethical Obstacles.” The topic will focus on avoiding conflicts of interest and the ethical considerations of contacting witnesses and other individuals in a workers’ compensation claim. The seminar […]

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Division’s Request for Information on Old Claims

Posted by: Steven J. Picardi Date: October 3, 2012 Many of you may have received inquiries from the Division of Workers’ Compensation Claims Management Unit requesting information on the status of claims which the DWC classifies as “open” claims. There have been a number of questions raised to the DWC regarding what information the DWC […]

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Disfigurement for a Limp

Posted by: Steven J. Picardi Date: September 30, 2012 Section 8-42-108(1) permits an Administrative Law Judge to award disfigurement benefits up to a maximum of $4,000 if the claimant is “seriously, permanently disfigured about the head, face or parts of the body normally exposed to public view. . . .” It is settled law that […]

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Attorney’s Fees for Requesting a Hearing on Unripe Issues

Posted by: Steven J. Picardi Date: September 17, 2012 Section 8-43-211(2)(d) provides, “if any person requests a hearing … on issues which are not ripe for adjudication at the time such request or filing is made, such person shall be assessed the reasonable attorney fees and costs of the opposing party in preparing for such […]

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