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Showing posts with label Appeals. Show all posts
Showing posts with label Appeals. Show all posts

Saturday, March 23, 2024

A Cautionary Tale on the Use of AI

Judge Desai addressed the misuse of Artificial Intelligence (AI) in Larry Grant v. City of Long Beach, 22-56121 D.C. No.2:21-cv-06666 JVS-JEM, in the Ninth Circuit Court of Appeals opinion filed on March 22, 2024. The analysis highlights the potential pitfalls of using unverified AI for legal pleadings and emphasizes the need for caution among attorneys.

Wednesday, November 1, 2023

The Essentials of Trial Preparation

Proper trial preparation is the key to a successful Worker's Compensation claim outcome. A recent NJ Appellate Division opinion emphasizes the importance of appealable issues and having the necessary evidence available.

Monday, September 30, 2019

Pending NJ Supreme Court Workers' Compensation Appeals

A-78/79/80-18 The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc. (082502)
Does the two-year statute of limitations, applicable to claims under the Workers’ Compensation Act, apply to claims by medical providers for the payment of services rendered to injured employees?
Certification granted: 05/14/2019
Posted: 05/15/2019
Argued:
Decided:

A-68-18 New Jersey Transit Corporation v. Sandra Sanchez and Chad Smith (082292)
Can plaintiff, a workers’ compensation carrier, obtain reimbursement of medical expenses and wage loss benefits it paid from defendants (more specifically, the tortfeasors who negligently caused injuries to plaintiff’s employee in a work-related motor vehicle accident), if the employee would be barred from recovering non-economic damages from defendants because he did not suffer a permanent injury?
Certification granted: 04/04/2019
Posted: 04/05/2019
Argued: 09/24/2019
Decided:

Download the Oral Argument Video for A-68-18

Updated: 09/30/2019
…. 

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Wednesday, February 15, 2017

Accelerated Justice Is Problematic on Appeal

Workers' Compensation matters were intended by the legislature to be summary and remedial actions. Accelerated justice does have its consequences on appeal, and should be implemented prudently.

Tuesday, April 21, 2015

CMS will be presenting a webinar on “Applicable Plan” Appeals

“Applicable Plan” Appeals Webinar – April 28, 2015 

CMS will be presenting a webinar on “Applicable Plan” Appeals.

The term “applicable plan” means liability insurance (including self-insurance), no-fault insurance and workers’ compensation laws or plans. Effective for recovery demand letters issued directly to applicable plans as the identified debtor on or after April 28, 2015, applicable plans have formal appeal rights.

The presentation will include:
-an introduction to the appeals process (as the process is new to applicable plans), information on the appeals process specific to applicable plans, and
-tips/suggestions to applicable plans regarding the recovery process, including appeals.

Date: April 28, 2015 Start time: 1:00 PM Eastern time.

URL: https://webinar.cms.hhs.gov/r2g9kffqc46/ 

Please begin logging in approximately 15 minutes before the start time, due to the large number of participants