Workers’ Compensation & Employers’ Liability Article Archives
New Workers’ Compensation Rates for 2018
January, 2018 | By Julie D. Murray
The Maryland Workers’ Compensation Commission has set the new workers’ compensation rates for 2018.
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.
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…
Decision in Simms Calls Virginia “Horseplay Doctrine” Into Question
September, 2009 | By Kathryn Lea Harman
On July 28, 2009, the Virginia office of Semmes won an appellate decision in Simms v. Ruby Tuesday, Inc., that could spell the end of the “horseplay doctrine” in Virginia Workers’ Compensation cases. Prior to Simms, the question in claims brought by employees injured by other employees was whether the injured employee was a participant in or an innocent victim of horseplay. A claimant able to prove that he was not a participant thereby established that his injury “arose out of” his employment, and that he was entitled to compensation.
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Can Individual Claimants Run to the Regulatory Agency to Recover Policy Benefits Instead of to Court?
April, 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.
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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Payroll Mistakes Can Cost You – Big!
February, 2003
For most businesses, the single largest class of operational expenses is payroll and related expenses. In addition to wages paid directly to employees, employers are required to pay a share of federal taxes, withhold and remit state and federal income taxes, and contribute to the state and federal unemployment compensation coffers. A majority of employers…
Recent National Labor Relations Board Developments:
Firing "At Will" Employees for Insubordination May Be Risky
February, 2003
(Labor & Employment Newsletter – 2003) While most employees who are not under union contracts are employed “at will,” and may be terminated for any reason or no reason so long as the reason is not based on their protected status (age, race, gender, etc.), they may also be protected from firing by the National…
Department of Homeland Security Will Soon Transform The INS
January, 2003
In an effort to “meet the emerging threats of terrorism in the 21st century,” on November 26th, President Bush signed into law the bill to create the Department of Homeland Security (“The Department”), a Federal “superagency” that will combine 22 separate existing federal agencies. According to President Bush, this legislation is “the most extensive reorganization…
DOL Proposal to Change Standards for Minimum Wage and Overtime Pay is Far From Over
January, 2003
In a recent bold effort to change the Fair Labor Standards Act (FLSA) overtime exemption rules, the Department of Labor (DOL) issued a proposal that would have revamped standards for minimum wage and overtime pay. View Article The above publication is saved in PDF format. You will need the free Adobe Acrobat Reader to view…
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The Top 10 Reasons You Need a Will
August, 2014
If you’re like most Americans, you’ve been putting off having a Last Will & Testament prepared for too long. Most of us have strong feelings about who should inherit our money, real estate, personal possessions, and other assets—and who shouldn’t. But the sad truth is that we usually fail to put our wishes in writing. By preparing a Will, you can leave the people you care about with clear instructions as to your final wishes and save them time, money, and a lot of stress.
Estate Planning For An Owner Of A Special Pet
August, 2014
Anyone who has lost a pet knows a special sorrow. What happens, however, when it is the pet that loses its owner? That lingering question, and its potentially tragic ramifications, are leading more and more pet owners to plan for the care of their pets after their own death. A good first step is to…
Planning Your Digital Estate
August, 2013
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.
The Benefits of Marriage
Estate Planning for Maryland’s Same-Sex Couples
August, 2013
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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Oh, No! My Insurer Has Gone Bust! Can an Insurance Guaranty Association Help Me?
January, 2004 | By Alan N. Gamse
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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…