Workers’ Compensation & Employers’ Liability Article Archives
Court Changes Definition of Compensable Accident in Maryland
January, 2003
On June 6, 2003, Maryland’s highest court, the Court of Appeals, handed down its decision in Harris v. Howard County Board of Education. The decision dramatically changed the longstanding definition of what constitutes a compensable work-related injury, and will undoubtedly lead to more claims being covered under workers’ compensation. View Article The above publication is…
New Maryland Legislation
September, 2000
In the most recent legislative session, there were three bills approved by the Maryland Legislature that make important changes in the Maryland Workers’ Compensation Act. Benefits for Permanent Partial Disability – Repeal of Sunset Provisions House Bill 182 / Senate Bill 117 repeals the termination date for specified changes to the workers’ compensation benefit structure…
New Federal OSHA Standards Could Impact Occupational Disease Claims
July, 2000
The Federal Government’s Occupational Safety & Health Administration (“OSHA”) issued proposed regulations in November of 1999 dealing with alleged repetitive motion disorders and ergonomics. If adopted, these regulations would require many employers to establish comprehensive plans geared toward ending what OSHA refers to as work-related “musculoskeletal disorders” (“MSD”).
Gender and Workers’ Compensation Claims
March, 2000
A recent study by the National Council on Compensation Injuries (“NCCI”) found that male workers are more likely to sustain workplace accidents, although females are more likely to file claims for occupational diseases and cumulative trauma. The study, “Gender in Workers’ Compensation Claims,” showed that male employees were more likely to file claims for traumatic…
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Monitoring the Electronic Workplace
April, 2002
Although the General Assembly has set forth by statute certain areas of private affairs which cannot be transgressed even in the context of the employment relationship, the advent of the electronic workplace has raised a veritable host of issues touching upon the realm of private affairs not addressed directly by legislation. View Article The above…
Supreme Court Finally Ends Dispute About Controversial FMLA Regulation In Favor of Management
March, 2002
In Ragsdale v. Wolverine World Wide, Inc. (March 19, 2002), the Supreme Court ended the dispute over a controversial Department of Labor (“DOL”) regulation that provided employers a grand total of “one or two business days” to designate an employee’s leave from work as qualifying under the Family and Medical Leave Act of 1993 (“FMLA”).
The Family and Medical Leave Act of 1993 allows, among other things, eligible employees 12 weeks of leave in a 12 month period when the leave is needed due to the employee’s own “serious health condition” or to care for a family member with a “serious health condition.”.
Legal Risks To The Employer In The Electronic Workplace And How To Avoid Them
March, 2002 | By Donald F. Burke
(Labor & Employment Newsletter – 2002) While there are both federal and Maryland laws which address privacy there are few which explicitly address privacy rights in today’s complex and sophisticated electronic workplace. View Article The above publication is saved in PDF format. You will need the free Adobe Acrobat Reader to view this document.
Discrimination and the NLRB in the Workplace
February, 2002
(Labor & Employment Newsletter – 2002) Allowing employees to travel the information superhighway on company time can prove to be unsafe for the employer, but placing restrictions on employees may prove to be equally unsafe for the employer. View Article The above publication is saved in PDF format. You will need the free Adobe Acrobat…
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Estate Planning, Probate & Trusts Article Archives
Should You Have A Revocable Trust?
March, 2006
A revocable (or “living”) trust is one you create during your lifetime, retaining the right to amend or revoke it during your life. Upon your death, the trust usually provides a format for distributing trust income and assets to the beneficiaries you have named, and thus acts as a “will substitute” with respect to trust assets. It can produce significant advantages. Property titled in the name of the trust avoids probate, for example.
Gifting Tips
February, 2006
To get the maximum future value out of a future taxable estate, here are some gifting do’s and don’ts:
DO give appreciating property, or property with the greatest appreciation potential; keep the appreciation from adding to the giver’s taxable estate.
Why You Need a Durable Power of Attorney
January, 2006
Although we hate to admit it, we’re all getting older. As time goes on, those trips to the bank get more inconvenient or downright difficult. Some day we will be unable or unwilling to take care of our business or financial matters, and will ask a spouse, trusted relative or friend to take care of them for us.