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SIGNIFICANT CASE SUMMARIES Maryland Case Summary United Parcel Service, et al. v. David Strothers Maryland Court of Appeals 253 Md. App. 708 Decided December 2022 The standard of proof required to establish a compensable hernia claim is the same “preponderance of evidence” standard as in other occupational disease claims, and the inclusion of the phrase… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Reader v. Prince William County Virginia Workers’ Compensation Commission VA00001896452 Decided December, 2022 A firefighter was not entitled to the COVID-19 presumption under 65.2-402 because he did not have a positive test, even when he received a COVID-19 diagnosis Background Claimant was a lieutenant at a fire station. He… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries IDI Logistics, Inc. v. Larry Clayton and Uninsured Employers Guarantee Fund Commonwealth Court of Pennsylvania No. 514 C.D. 2021 Decided: October 18, 2022 Despite signing an independent contractor agreement, Claimant was found to be an employee based upon the right to control. Claimant was not barred from receiving disability… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary Amaya v. DGS Construction, LLC et al and Rojas v. F.R. General Contractors Inc., et al. Numbers 14 and 17 September Term, 2021 respectively, Maryland Court of Appeals Federal law contained within the Fair Labor Standards Act and Portal to Portal Act did not fully define the scope and… read more

SIGNIFICANT CASE SUMMARIES New Jersey Case Summary Saiti v. Garden Homes No. A-1328-20 Superior Court of New Jersey Appellate Division Decided October 11, 2022 Respondent needs to be provided the opportunity to present a justification for delay of payment of an award on Motion to Enforce. Background A Permanency Award was entered for a total… read more