Workers’ Compensation & Employers’ Liability Article Archives

“Accidental Injury” After Harris

August, 2006

The decision of the Maryland Court of Appeals in Harris v. Board of Education, issued by the Court on June 6, 2003, expanded the definition of “accidental injury” under Maryland law and eliminated the requirement that the injury must result from some “unusual activity” in order to be compensable. Almost three years later, the Maryland workers’ compensation community is still sorting out exactly what is covered, and what is not, after Harris. Attempts to have the Maryland Legislature amend the statute to redefine “accidental injury” after the Harris case have, to date, not been successful.

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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…

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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…

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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”).

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Maximizing Your Chances of Avoiding Lawsuits for Improper Medical or Nursing Care

February, 2005

Operators of assisted living facilities and related institutions are well aware of the oversight imposed by federal and state regulations. This article identifies the most common sources of potential liabilities.┬áPaper submitted at the Eastern Claims Conference, February 28, 2005 View pdf The above publication is saved in PDF format. You will need the free Adobe…

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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.

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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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The Statutory Foundation of Privacy In The Electronic Workplace

June, 2002

(Labor & Employment Newsletter – 2002) An employee who perceives that his employer has intruded upon his reasonable expectation of privacy may sue under the common law claims of “Invasion of Privacy”/”False Light,” or “Intrusion Upon Seclusion.” View Article The above publication is saved in PDF format. You will need the free Adobe Acrobat Reader…

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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…

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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.”.

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Legal Risks To The Employer In The Electronic Workplace And How To Avoid Them

March, 2002

(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.

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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.

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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.

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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.

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