News

SIGNIFICANT LEGISLATIVE UPDATES Maryland Legislative Update Attorney’s fees now allows payment of counsel fees (Claimant counsel) in exceptional circumstances when there is no compensation due to the Claimant in a WCC Award. This existing COMAR regulation was modified, effective 4/3/23 in answer to the WCC’s recent concerns that counsel for claimants were not regularly representing… read more

SIGNIFICANT CASE SUMMARIES Washington, DC Case Summary Schwechter v. DC. Dept. of Empl. Svcs. District of Columbia Court of Appeals No. 22-AA-007 Decided: January 5, 2023 D.C. Code § 32-1508(8), which deems settlements as final binding dispositions, does not permit modifying WCA lump-sum settlements. Background Claimant was injured while riding a bicycle during a work… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Tyreese Haynes v. Food Lion #1451 Virginia Workers’ Compensation Commission VA00001526899 Decided March 14, 2023 A CRPS diagnosis was upheld as compensable even without objective symptoms. Background Claimant sustained an injury when a 300 pound pallet jack crushed his right foot. After years of treatment and “odd neuralgia like… read more

SIGNIFICANT CASE SUMMARIES Federal Case Summaries Staretz v. Walmart Stores East, LP United States District Court for the Middle District of Pennsylvania No. 3:22-CV-00967 Decided: March 3, 2023 Action dismissed for insufficient service of process pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure. Background Plaintiff filed suit against Walmart for personal injuries… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Erie Ins. Exch. v. Mione Pennsylvania Supreme Court No. 89 MAP 2021 Decided: February 15, 2023 Pennsylvania Supreme Court holds that the household exclusion remains valid where Plaintiff was injured while occupying a vehicle for which he had rejected UM/UIM coverage based on the rationale that it was not… read more