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Client Advisories
March 24, 2023
The Pennsylvania Commonwealth Court Holds Carriers Must Reimburse for the Use of Medical Marijuana
On March 17, 2023, the Pennsylvania Commonwealth Court held, when a WCJ finds the use of medical marijuana causally related to a work injury, the employer is required to reimburse the claimant for out-of-pocket expenses for the medical marijuana. In two cases, T.L Fegley, as Executrix of the Estate of P. Sheetz v. Firestone Tire… read more
December 21, 2022
Pennsylvania Workers’ Compensation Client Advisory: Commonwealth Court Requires Employers to File Utilization Review or Petition for Review to Perfect Argument that Fee Review Process is Premature
On December 15, 2022, the Commonwealth Court of Pennsylvania published two opinions concerning fee review procedures: UPMC Benefit Management Services, Inc. d/b/a UPMC Work Partners v. United Pharmacy Services (Bureau of Workers’ Compensation Fee Review Hearing Office), No. 558 C.D. 2021, ____ A.3d ________ (Pa. Cmmw. Ct. Dec. 15, 2022), and SWIF v. Harburg Medical… read more
November 10, 2022
MARYLAND CLIENT ADVISORY: Maryland Passes Three Ballot Measures Impacting Claims and Litigation
Maryland voters went to the polls on November 8, 2022, passing three ballot measures that will impact claims and litigation. First, voters amended Maryland’s Declaration of Rights to allow for legislation to increase the amount in controversy where a jury trial may be demanded in civil proceedings. The amount in controversy for civil jury trials… read more
October 17, 2022
Virginia Workers’ Compensation Client Advisory: Full Commission Holds Retroactive COVID-19 Presumption is Constitutional
In May, 2021, the legislature passed two bills creating presumptions for healthcare providers and firefighters/law enforcement who tested positive for COVID-19. SB1375 granted a presumption for healthcare providers who tested positive for COVID-19 between March 12, 2020 and December 31, 2021. HB1875 gave a similar presumption for firefighters/law enforcement officers who tested positive between July… read more
August 05, 2022
Pennsylvania Client Advisory: Commonwealth Court Clarifies Carrier’s Responsibility on Paying For a Claimant’s Purchase of a New Home vs Renovation of Existing Home
The following is a summary of a new, reported case, filed on August 1, 2022 which holds that while an employer is responsible for home modifications necessitated by a work-related injury, an employer is not liable for the contribution towards a new home. Ralph Martin Construction and Lackawanna American Insurance Co., v. Miguel Castaneda-Escobar (WCAB), … read more