Workers’ Compensation & Employers’ Liability Article Archives

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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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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Medical Fee Guide Revised

October, 2006

One of the most effective methods in Maryland for controlling workers’ compensation costs is use of the Medical Fee Guide to limit payments for non-hospital medical treatment. The Maryland Workers’ Compensation has worked to find the proper balance between providing injured workers with quality medical care, controlling medical costs for employers and insurers, and providing medical care practitioners with a reasonable financial incentive in order to insure their participation in the system.

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Changes at the Maryland Commission

September, 2006

In October, Governor Robert L. Ehrlich, Jr. named R. Karl Aumann to serve as Chairman of the Maryland Workers’ Compensation Commission. Chairman Aumann had originally been appointed to the Commission in August of 2005 and, prior to coming to the Commission, had served as Maryland’s Secretary of State.

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The Internet of Things and its Impact of Data Retention, E-Discovery, Products Liability, and Cybersecurity

January, 2017

The exponential rise of the IoT implicates several important areas of law. Pertinent to this analysis are the areas of Data Retention, E-Discovery, Products Liability, and Cybersecurity. By Marisa A. Trasatti and Matthew S. Sarna

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Access And Disclosure of Medical And Mental Health Records: Summary of Maryland Law

January, 2017

Paper submitted by J. Snowden Stanley, Jr. at the Eastern Claims Conference, February 28, 2005 Maryland laws that provide for the confidentiality of medical records, establish clear and certain rules for the disclosure of medical records, and bolster the privacy rights of patients. View pdf The above publication is saved in PDF format. You will…

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Defending Products Liability Suits Involving Off-Label Use: Does the Learned Intermediary Doctrine Apply?

February, 2011

Although the learned intermediary doctrine serves as a shield for manufacturers against consumer claims arising from allegations of failure to warn of a drug’s risks, physicians commonly engage in off-label use. It is impossible for manufacturers to warn physicians of every risk of any and all uses of a drug. But, court decisions that address…

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“Easy’s Getting Harder Every Day”

Social Security and Workers' Compensation Offsets - Legal and Practical Effect on Claims for Individual and Group Disability and Pension Benefits

February, 2005

This paper will discuss the resolution of some of the more common disputes which have arisen over the efforts to offset Social Security or Workers’ Compensation payments from disability or pension plan benefits.

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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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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…

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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…

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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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Estate Planning For An Owner Of A Special Pet

January, 2017

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…

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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.

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A Tax Break for the Hereafter

May, 2013

Benjamin Franklin’s observation that nothing is certain but death and taxes is a little less true in Maryland, where the estate tax itself is virtually dead. Under a measure passed in this year’s legislative session, Marylanders will be able to leave behind more than $5 million in assets with no tax liability. This is good news for the rich and middle class alike.

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Planning for the Family Vacation Home

January, 2007

One of the most difficult assets to plan for is the family vacation home. For many families, the vacation home is an important center of annual family activity, with multiple generations of family becoming emotionally invested in the property. If the property is located in a desirable area, it’s value can often grow larger than any other single family asset. Once the eldest generation passes away, however, conflicting desires over what to do with that valuable asset may cause family unity to fray.

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