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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Is the Mop Bucket Enough Warning for Contributory Negligence as a Matter of Law?

October, 2023

The Appellate Court of Maryland (formerly known as the Maryland Court of Special Appeals) reviewed the Prince George’s County Circuit Court’s grant of summary judgment on the grounds of contributory negligence in a slip-and-fall case. Candor v. Organic Market Hyattsville Inc., 253 Md.App. 628 (2022). In September 2016, the plaintiff was shopping at the Yes…

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U.S. District Court for the District of Maryland Amends Local Rules Regarding Discovery and Motions Effective July 1, 2023

| By Richard J. Medoff

The U.S. District Court for the District of Maryland recently approved amendments to its Local Rules, including changes related to discovery and motions practice, notable for anyone with cases in the court. The amendments took effect on July 1, 2023, following a notice and comment period, and include modifications of Local Rule 104 and 105…

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What Is the Reach of the AIA General Conditions’ Consequential Damages Waiver?

May, 2022 | By Stephen S. McCloskey and Thomas V. McCarron

Stephen S. McCloskey and Thomas V. McCarron published an article for The Legal Intelligencer discussing the scope of waiver provisions to consequential damages incurred due to termination of the contract during construction.

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Off-label Drug and Device Promotion in the Wake of Amarin

February, 2017

Recent cases involving promotion to doctors have challenged off-label promotion enforcement actions based on due process and First Amendment grounds, as well as physicians’ need for scientific information. By Marisa A. Trasatti and Marie Claire Langlois

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Government-Mandated Records And Reports: Consideration for Every Employer

January, 2017

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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Estate Planning to Keep Hostile Family at Bay

January, 2017

George Burns once said, “Happiness is having a large, loving, caring, close-knit family in another city.” He may have been on to something. Families can bring us joy, but they can also bring us heartache. For most people, of course, family woes are mere annoyances-the parent who complains we never call, the crazy uncle who…

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Planning Your Digital Estate

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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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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