News
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
June 21, 2022
Creation of West Virginia Intermediate Court of Appeals and Impact on Workers’ Compensation Practice
In April 2021, the West Virginia Appellate Reorganization Act was enacted with an effective date of July 1, 2022. In addition to creating an intermediate appellate court (the West Virginia Intermediate Court of Appeals) below the West Virginia Supreme Court of Appeals (previously the only appellate court in the state), the statute also reorganized the… read more
March 10, 2022
U.S. Solicitor General Asked to Take Stance on Medicinal Marijuana for Workers’ Compensation Cases
Harrisburg, PA – On February 22, 2022, the US Supreme Court asked the Solicitor General of the United States to prepare a Brief to the Court on the issue of whether it is a violation of the Federal Controlled Substance Act (C.S.A.) for a workers’ compensation carrier to pay for the cost of an injured… read more