Insights

Maryland Court of Special Appeals Declines to Interpret “Definite Proof” as a Higher Standard of Proof for a Hernia Related Workers Compensation Action

July 2022

In February 2022, the Maryland Court of Special Appeals reviewed the term “definite proof” and the “immediacy” element in § 9-504 of the Labor and Employment Article and, whether the evidence presented to the Maryland Workers’ Compensation Commission (the “Commission”) met that standard. In this case, UPS, et. al. v. Strothers, 235 Md. App. 708, the court affirmed that application of the preponderance of the…

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Admit or Exclude? State v. Matthews Explains a Post-Rochkind Maryland

July 2022

For more information, contact Paul N. Farquharson. Before 2020, Maryland applied the Fyre-Reed standard to expert witness testimony regarding scientific evidence. Recently, in Rochkind v. Stevenson, 471 Md. 1 (2020), the Maryland Court of Appeals announced the adoption of the standard set forth in Daubert. In State v. Matthews, No. 15, Sept. 2021, 2022 WL 2236139 (Md. June 22, 2022) (hereinafter “Matthews” or “State v. Matthews”)…

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New Disclosure Requirements Under Federal Rule of Civil Procedure 7.1

July 2022

Origins of Federal Rule of Civil Procedure 7.1 Since 2002, Rule 7.1 has required nongovernmental corporate parties in federal court to file a disclosure statement that either: identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock; OR states that there is no such corporation. The intent of Rule 7.1 was to alert judges of potential financial interests…

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Do Commercial Property Insurance Policies Cover Business Interruption Losses Sustained due to COVID-19?

July 2022 | By David F. Risk

Note: This is an update to a previously published post. A Maryland Court of Special Appeals opinion that set Maryland precedent on business interruption losses due to COVID-19 is part of a national trend. Several courts have ruled in favor of insurers on the issue of whether losses incurred from government COVID-19 restrictions are covered by commercial property insurance policies. Background In May, the Maryland…

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Fundamental Changes In Litigation Process of West Virginia Workers’ Compensation Claims Effective July 1, 2022

July 2022 | By James S. Maloney

Effective July 1, 2022 the West Virginia Office of Judges, which was previously the first step in the litigation process following the issuance of a protestable order by the claims administrator, ceased handling new protestable orders. With any and all protestable orders issued July 1, 2022 and thereafter, the prior Board of Review replaced the Office of Judges and is now the initial step in…

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West Virginia FY 2023 Workers’ Compensation Rates

July 2022 | By James S. Maloney

The West Virginia Office of the Insurance Commissioner has issued the new state average weekly wage for fiscal year 2023 (dates of loss: 7/1/22 – 6/30/23). For injuries occurring on or after July 1, 2022, the following maximum weekly workers’ compensation rates are effective in West Virginia: Temporary total, permanent total and vocational rehabilitation benefits: $957.40 (paid at two thirds of the claimant’s average weekly…

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