Workers’ Compensation & Employers’ Liability Article Archives

Implications for COVID-19 Vaccine Complications in the District of Columbia

January, 2021 | By Julie D. Murray

The U.S. Food and Drug Administration (FDA) issued the first emergency use authorization for a vaccine to combat the spread of coronavirus (COVID-19) vaccine through emergency use authorization. During the approval process, members of the FDA committee expressed concern regarding adverse reactions to the vaccine. The FDA reports the most common solicited adverse reactions were…

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D.C. Workers’ Compensation and COVID-19 Stress-Related Claims

June, 2020 | By Julie D. Murray

As essential workers continue to work, and others are making plans to return, employers in the District of Columbia face the potential for stress-related workers’ compensation claims due to the COVID-19 pandemic. As these are unprecedented times, there remain questions regarding the compensability of such claims. View Article The above publication is saved in PDF format.…

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New Maryland Workers’ Compensation Legislation Goes Into Effect

October, 2017 | By Julie D. Murray

Four new laws have gone into effect as of October 1, 2017, that impact Employers and Insurers in Maryland.

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Client Alert: The Importance of Promptly Denying Medical Bills Upon Receipt of the Form CMS-1500

February, 2017 | By Michael S. Fox

Recently, I had an opportunity to assist with the handling of a case wherein a medical provider was seeking payment of medical bills which we contend were properly denied; however, the provider was relying upon a narrow interpretation of the COMAR regulations to argue that we waived the right to contest the bills. Specifically, in…

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Indoor Air Quality: Is It An Issue For Architects?

September, 2001

The purpose of this paper is to describe the nature and scope of indoor air quality issues facing architects in sick building cases. While no ironclad device is likely to emerge to suit every project, this paper will also suggest some strategies architects might use to reduce their potential exposure to claims arising from such cases.

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Government-Mandated Records And Reports: Consideration for Every Employer

January, 2017 | By Donald F. Burke

Whether you call it document retention policy, records management, or even document destruction policy, every employer should have one.

The first step in formulating any record retention policy is understanding the maze of federal and Maryland laws that underlie a compliant policy. In particular, employers must consider requirements pertaining to the federal and Maryland wage/hour laws, affirmative action, EEOC, Immigration, COBRA, The Family and Medical Leave Act, workers´ compensation, The Occupational Safety and Health Act, tax withholding, and New Hire Reports.

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The Medicare Secondary Payer Program and Recent Statutory Changes Effective July 1, 2009: The Days in Which Workers’ Compensation Attorneys Can Ignore Medicare’s Interests Have Ended

May, 2009

MSP amendment makes it impossible to disregard Medicare’s interests in the resolution of workers’ compensation claims. View pdf The above publication is saved in PDF format. You will need the free Adobe Acrobat Reader to view this document.

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Disability-Related Inquiries And Medical Exams: Recent Developments

July, 2003

As is generally the case, the Maryland Workers’ Compensation Act does not prohibit inquiries into a job applicant’s or employee´s medical or compensation claim history. However, under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), an employer is strictly proscribed in conducting disability-related inquiries and medical examinations of employees…

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Supreme Court’s 2003-2004 Labor and Employment Law Docket

May, 2003

During the 2003-2004 term (October to June), the United States Supreme Court will decide several cases that have consequences for employment and labor law practices nationwide.

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Planning Your Digital Estate

January, 2017

Most Americans do not have a Will. They haven’t prepared a financial Power of Attorney, and they aren’t even sure what an Advance Directive is. If you are among them, then preparing an estate plan should be at the top of your to-do list.

But even if you have an estate plan in place, it may be missing a crucial element-provisions for your digital assets. These include the electronic data stored on your computer or smart phone, your Internet accounts like LinkedIn and Gmail, and your online pictures and documents.

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Probate in Equity Courts

| By Carl E. Eastwick

These days, a revocable inter vivos trust serves as the principal testimony instrument of many estate plans. The settlor of a trust of this sort retains nearly total control of the trust assets by retaining the unfettered power to amend the trust, and by implication also to revoke it. It matters not whether the trustee is the settlor or a third party. Thus, the beneficiaries of the trust possess but a tenuous contingent interest in the trust assets.

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Selecting Trustees and Executors

In the course of our estate planning work with clients, we will ask who the client wishes to designate as trustee of any trusts we are creating, and as executor (or “personal representative”) of his or her estate. These are the people (or entities) who will take legal title to, and control the property of the trust or estate until it is distributed. They are in a fiduciary capacity, which means that they can be held personally liable if they negligently or intentionally misuse the property entrusted to them.

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The Benefits of Marriage

Estate Planning for Maryland’s Same-Sex Couples

The right to marry now extends to more Marylanders than ever before. Under the Civil Marriage Protection Act, which took effect January 1, 2013, same-sex couples can obtain marriage licenses knowing that their unions will be recognized by the state. Federal recognition came some six months later with the U.S. Supreme Court’s decision in United States v. Windsor. These are exciting developments for the LGBT community, and couples who choose to marry will now enjoy many important benefits. Among these are the right to file joint tax returns, to receive Social Security and other government benefits, and to obtain health insurance from a spouse’s employer.

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Can Individual Claimants Run to the Regulatory Agency to Recover Policy Benefits Instead of to Court?

January, 2002

This paper focuses on jurisdictions in which the insurance codes appear to authorize insurance commissioners to order payment of policy benefits to an individual insured as a result of a determination that the insurer has violated the Unfair Claims Settlement Practices Act. View Article The above publication is saved in PDF format. You will need…

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