Month: April 2014

Paying Workers to Attend Medical Appointments

Gavel And Stethoscope

04/22/2014Vandeventer Black

An injured worker is entitled to reimbursement for mileage expenses when traveling to and from related medical appointments. But, is that employee also entitled to receive wage loss benefits for the time missed from work while attending related medical appointments? That answer is not as easy. It is certainly reasonable to expect, and even require… Read more »

Employee Bound By Arbitration Agreement in Employment Application

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04/10/2014Lowenstein, Neil S.

Last month Judge Conrad of the Western District of Virginia held that an employee was required to arbitrate his claims because the employees signed an employment application agreeing if employed to be bound by the company’s Dispute Resolution Process (DRP), which included arbitration. The employee had denied signing the DRP agreement itself, but admitted he… Read more »

Do I Have to Include That? . . . Calculating AWW

american dollar bills

04/03/2014Vandeventer Black

Must you include non-Longshore wages when calculating the pre-injury Average Weekly Wage (AWW) for a claim pursuant to the Longshore & Harbor Workers’ Compensation Act (LHWCA)? In a nutshell – YES. The scenario is not at all uncommon when it comes to Longshoremen and other maritime workers who qualify for LHWCA benefits following an industrial… Read more »