Articles & Blogs

Masks: Recommended or Required? A State-by-State List

Updated March 17, 2021

OSHA: Got the Vaccine? Great, Now Wear Your Mask!

Florida Supreme Court Adopts the Federal Summary Judgment Standard

The Florida Supreme Court closed out 2020 by issuing an opinion that is expected to be quite consequential in First-Party Property litigation moving forward.

United States District Court for the Western District of Pennsylvania Dismisses Pennsylvania Restaurant’s Proposed Class Action Seeking Coverage For Losses Stemming From COVID-19

Skating Through Snow and Ice Mishaps - A Primer in Vermont’s Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in Rhode Island’s Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in New Hampshire’s Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in Massachusetts’ Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in Maine’s Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in Connecticut’s Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in Pennsylvania’s Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in New Jersey’s Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in New York’s Premises Liability Law

Skating Through Snow and Ice Mishaps - A Primer in Maryland’s Premises Liability Law

New Jersey Supreme Court Authorizes Virtual Civil Jury Trials

Delays in First-Class Mail Causing Problems in Pennsylvania Workers’ Compensation Payments

Are We One Step Closer To Realistic Prices For Drugs In Pennsylvania Workers' Compensation Claims?

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under The New York Workers’ Compensation Act?

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under The Florida Workers’ Compensation Act?

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under The Pennsylvania Workers’ Compensation Act?

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under The New Jersey Workers’ Compensation Act?

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under New England States' Workers’ Compensation Acts?

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under The Maryland Workers’ Compensation Act?

New Precedent Set By the Pennsylvania Commonwealth Court on the Medical Marijuana Act

Calculating the 120-Day Work Injury Notice

Recent Pennsylvania Supreme Court Ruling Impacts Medical Cost Containment in Workers’ Compensation

Plaintiffs’ Bar Hits A Wall When It Comes to “Access” Damages

Delayed Jury Trials Across New England Continue - What Options Do You Have in Moving Cases Forward?

Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?

How Are COVID-19 Related Delays in Medical Treatment Handled Under the Pennsylvania Workers’ Compensation Act?

The PAID Act and Its Impact on Medicare Secondary Payer Reporting

Florida Ranks Among the Top Five States for COVID-19 Related Workers’ Compensation Claims – Here’s What Employers and Carriers Need to Know

Liability Policies With “Virus” Exclusions May Not Protect Businesses From COVID-19 Related Claims

New Standard of Admissibility for Evidence in Opposition to Summary Judgement Seems to have Emerged Across Florida

2021 PA Workers’ Compensation Average Weekly Wage / Medical Fee Reimbursement Increases Announced

Governor Murphy Clarifies Retroactivity of New "Hand and Foot" Bill

New Executive Order from the Governor Regarding Covid-19 Mitigation

Update On Massachusetts Department Of Industrial Accidents Covid-19 Procedures

Employers Take Heed: Unreasonable Contest Counsel Fees Awarded For Untimely Filing of a Medical-Only Notice of Compensation Payable

Appellate Division Reverses Board's Strict Guidelines On Injuries Occurring While Employees Are Working From Home

Department of Labor Again Attempts to Clarify "Who is An Independent Contractor"

The Reopening Of America: An Employer's Guide For Navigating The New Work World During A Pandemic

The Future of COVID-19 Litigation in Pennsylvania Workers' Compensation

Appellate Court Concludes that New Jersey Medical Providers Cannot Bring Claim Before New Jersey Workers' Compensation Court for Out-Of-State Injuries

New Jersey Supreme Court Expands Social Host Liability To Adults Under the Age of 21

Can a COVID-19 Vaccination Be Mandated?

Appellate Court Examines Shopping Mall Store's Duty For Accident At A Shopping Mall

Pennsylvania Courts Maintain Protections for Defendants in Fee Agreements

New Law in New Jersey Predicted to Have Significant Impact on Workers' Comp Claims

Decisions By Federal Courts Favor Insurers in COVID-19 Business Interruption Claims in Florida

UPDATE: The Mask Question is No Longer a Question for Retailers

First District Court of Appeal Seeks Direction from Florida Supreme Court on Timely Provision of One-Time Change Physician

Underwriters at Lloyd's of London Found Not Liable in Million-Dollar Insurance Coverage Action

The Immunity Exception: Understanding What is Egregious Enough to Rise to the Level of Intentional Wrong

New Jersey

District of Columbia Court Rules as Other States Have: COVID-19 is Not a Covered Business Interruption Loss

Employers May Face Liability on Outstanding Medical Bills Even After a Compromise and Release Agreement

Pennsylvania

Businesses Would Like to Know: Will There Be a COVID- 19 Exception?

The Mask Question is Not a Question Anymore for Pennsylvania Businesses

Various Effects of Coronavirus on Florida Workers’ Compensation Matters

Coronavirus is affecting workers' compensation in a variety of ways.

Insurers Prevail in Alleged Business Interruption Coverage Matters, Perhaps Paving the Way for Future Rulings

Chartwell Law Partner Andrew Klaber Interviewed for The NEWS

Paycheck Protection Program and Business Interruption Legislation Expected to Have Large-Scale Consequences on the Insurance Industry

Attorney Fees in Pennsylvania Workers’ Compensation Cases Now Allowed

New York Insurance Regulation 64 Aims at Prompt and Fair Settlement of Claims Arising From a Riot or Civil Commotion

Regulation 64 sets forth the standards for insurers to settle claims promptly and fairly.

Rulings on Constitutional Challenges to COVID-19 Restrictions May Ultimately Impact Business Interruption Coverage Claims

Business closure and stay-at-home orders have faced legal challenges based on putative Constitutional claims across several states.

Pending PA Senate Bill 1127 Takes a New Approach to Business Interruption Coverage Claims But Provides a Basis for Insurers to Deny Coverage

Pennsylvania

As Lawsuits Ensue, Refunding Tuition May Be In Universities’ Best Interest

Boilerplate RORs Are Insufficient to Disclaim Coverage

An insurer’s reservation of rights letter must provide the insured both timely and specific notice of the basis for the reservation of rights.

COVID-19 Workers’ Compensation Presumptions

As states rapidly enact COVID-19 workers’ compensation presumptions some businesses are considering legal challenges to these new laws, others have already started and are winning.

Proposed Presumptive Workers’ Compensation Legislation Would Eliminate Burden of Proof on Essential Workers for COVID-19 Claims

The bill also provides that an essential employee's absence from work due to the virus cannot be considered "on-duty time."

UPDATE: King’s Bench Power – Authority Sought For COVID-19 Insurance Claims

Illinois Decision Rejects COVID-19 Workers’ Compensation Presumption

Challenge to COVID-19 workers' compensation presumption results in repeal of rule.

Legal Considerations for Small Businesses During and After the Covid-19 Crisis

Chartwell Law partner, Andrew Klaber, has assembled a high-level summary of issues that may exist or arise due to the Covid-19 pandemic.

UPDATE: New Hearing Procedures Before the Maryland Workers’ Compensation Commission

Effective April 23, 2020, the commission will allow the parties to request a video remote hearing.

COVID-19 and the Exclusivity Provisions of Workers' Compensation

New efforts are being taken by some to circumvent the exclusivity provisions of many states’ workers’ compensation laws.

New Jersey Appellate Court’s Icy Reaction to the “On-Going Storm” Defense Could Precipitate a Flurry of Lawsuits

Now is the time for commercial property owners to reevaluate their contracts for snow and ice removal.

Pennsylvania Senate Proposes Legislation That Would Leave Insurers Little to No Basis to Deny Coverage

Senate Bill 1114, the “COVID-19 Insurance Relief Act,” was introduced to the Banking and Insurance Committee on April 15, 2020.

Multidistrict Request Could Bring Flood of Federal Insurance Coverage Cases to Eastern District of PA

Preposterous Presumptions: COVID-19 Workers’ Comp Presumption Laws Trivialize Science, Accomplish Little for Workers, and Unnecessarily Burden Employers

COVID-19 – Pennsylvania Decision May Have Harsh Unintended Consequences for Insurance Industry

The PA Supreme Court has ruled COVID-19 qualifies as a natural disaster.

COVID-19 – Now Congress Chimes In

New proposed federal legislation, H.R. Bill 6494

COVID-19 – More Coverage Questions Than Answers?

Businesses’ concerns pivot from minimizing disruption to outright survival as they face the new reality of being unable to meet financial obligations.

Calculating Your University Refund After the COVID-19 Campus Shutdown

Universities have begun voluntarily offering a refund, rebate, or credit relative to student payments made for the spring semester of 2020, is it enough?

TOP 10 COVID-19 TIPS AND QUESTIONS FOR EMPLOYERS

The novel coronavirus (COVID-19) has impacted almost every facet of life and business.

Proposed Pennsylvania Bill Would Require Coverage For Business Interruption Losses From COVID-19--Is it Constitutional? Does it Create More Issues Than it Solves?

Pennsylvania has joined five other states in introducing legislation to force insurers to pay for COVID-19-related business interruption losses.

Guidance for Small Businesses on the CARES Act

Coronavirus Aid, Relief and Economic Security (CARES) created programs to assist certain businesses with COVID-19

The Impact Of COVID-19 On Workers’ Compensation Issues Involving Modified Duty And Alleged COVID-19 Claims

To our clients, partners, and friends . . .

Force Majeure and Business Contracts

At a high-level, a force majeure clause is a provision in a contract which may excuse a party from performing their obligations under a contract.

The Impact of Past Court Decisions Could Have on Insurance Coverage for Business Interruption Caused by the Coronavirus

Insurers must be proactive in reviewing policies to identify the potential exposure arising out of the COVID-19 outbreak

Experts Retained in Anticipation of Litigation Can Be Discoverable

Event Cancellations Caused by COVID-19 - Is the Force Majeure With you?

No March Madness? Postponement of the Olympics, NHL and NBA seasons? This would have been inconceivable three months ago but is the reality of today.

Important Update: New Jersey Workers’ Comp Courts to Open Telephonically

We will continue to keep you updated as more details of how the hearings will be conducted become available and we will continue our efforts at moving cases forward

Commercial General Liability Insurance Policies and Their Application to COVID-19 Bodily Injury Claims

To add insult to injury, a wave of litigation involving COVID-19 is undoubtedly expected

How Will COVID-19 Affect Massachusetts Workers' Compensation?

Who is eligible to receive workers' comp benefits in MA?

Assessing the New York Workers’ Compensation COVID-19 “Coronavirus” Claim

New York’s unfortunate emergence as the epicenter of the COVID-19 pandemic in the United States has raised an abundance of questions

UPDATE: Pennsylvania Workers' Compensation

Notes from a conference call with Joseph DeRita, Director of Workers' Compensation Office of Adjudication for the Pennsylvania Department of Labor and Industry.

Dormitory Parents are Getting Refunds, so What About my Children's Off-Campus Lease?

With colleges and universities making the decision to move to online learning in the midst of the Covid-19 Pandemic, families are left with a myriad of questions

New Procedures for Handling Pennsylvania Workers’ Compensation Hearings in Light of COVID-19

Pennsylvania’s Workers’ Compensation system continues to struggle with how to move matters along, considering that the ongoing COVID-19 crisis has rendered live hearings impossible

COVID-19 in the Workplace, a Maryland Perspective

A claimant alleging work-related COVID-19 would need to prove that there was an exposure at work that caused COVID-19 for an accidental injury.

New York: Workers’ Compensation Claims While Employees are Working From Home

Although recently expanded in response to COVID-19, work-from-home positions are not a unique concept