Articles & Blogs

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

In the Face of the COVID-19 Pandemic's Impact on Business and Policyholders, the New York Department of Financial Services Sets Forth New Directives for Insurers

The World Health Organization’s (“WHO”) formal declaration that the spread of the novel coronavirus COVID-19 is now a pandemic.

How to Handle Issues for Workers in Florida on Modified Duty During the COVID-19 Crisis

Florida is one of the states with the highest count of COVID-19 cases, and the rate is increasing daily.

COVID-19 Closures: Is my Business Covered?

Is there business interruption coverage available to those businesses that have been forced to shut down and/or halt operations due to the COVID-19 crisis? Maybe.

From One Parent to Another on University Refunds

As colleges and universities are closing their doors early due to COVID-19, are students entitled to any sort of refund?

Vermont and New Hampshire Workers’ Compensation – Infectious Disease / COVID-19

Determining the compensability of employees who contract COVID-19 needs to be analyzed on a case-by-case basis

Rhode Island – Infectious Disease COVID-19

Under Rhode Island Workers’ Compensation Law, an occupational disease is set apart of accidental injuries

Assessing the Pennsylvania Workers' Compensation COVID-19 “Coronavirus” Claim

Recent media reports have raised concerns and… some confusion.

Pandemic: An Outbreak of Negligent Security Litigation

Lawsuits to come out of the myriad scenarios associated with the Coronavirus (COVID-19)

Workers’ Compensation Issues Involving COVID-19: Dealing with Wage Loss Benefits

Chartwell Law's view on wage loss benefits due to COVID-19

Business Interruption Insurance Coverage Challenges Triggered by COVID-19

COVID-19 causes challenges for businesses to trigger coverage for business interruption.

The Impending Storm of COVID-19 Related Insurance Coverage Claims

Like recent natural disasters, such as Superstorm Sandy, the Coronavirus (COVID-19) is likely to result in a myriad of insurance coverage claims

How Will COVID-19 Affect Connecticut Workers' Compensation?

In Connecticut, is COVID-19 a compensable injury under the Workers' Compensation Act?

How Will COVID-19 Affect Maine Workers' Compensation?

In Maine, what are the Supreme Judicial Court's requirements for workers' compensation benefits?

Department of Labor and Industry Advises Employers How to Handle Unemployment Compensation and Workers’ Compensation Benefits

On March 16, 2020 the DOL issued a press release stating PA workers affected by the novel coronavirus may be eligible for UC and WC benefits.

The Impact of COVID-19 on Employers

A guideline for employers during the Coronavirus pandemic

What is the Impact of COVID-19 on New Jersey Workers’ Compensation?

If COVID-19 arises out of and in the course of employment is it a compensable illness in NJ?

Coronavirus and the Impact on Employment

Employers must be proactive in managing the coronavirus pandemic and the associated employment.

New Bill Increases Awards for Hands & Feet Work Injuries

New Jersey

NY Case Law Alert: Tolling of the Caps After Reopening Post-Classification

New York

Maryland Workers' Compensation: Idiosyncrasies of Permanent Partial Disability Awards

Maryland

Coronavirus at the Workplace

What steps should employers take?

New Jersey Medical Provider Claims for Out-Of-State Injuries

New Jersey

Florida Workers' Comp Case Law Update: Taxable vs. Non-Taxable Costs

Florida

A Professional Football Player May Not Be a Seasonal Employee For Purposes of Calculating An Average Weekly Wage

Pennsylvania

Pennsylvania Course and Scope: A Follow-Up to the Warning Against the Geography Rule

Pennsylvania

Causally Related Denial of Medical Bills May Not Be An Option In Pennsylvania

A new PA Commonwealth Court ruling doing so is not enought o avoid payment responsibility.

Did the PA Utilization Review Process Just Expand?

New Pennsylvania Commonwealth Court Opinion Changes the Rules for Utilization Review

Employer Must Reimburse For Medical Marijuana

New Jersey

Appellate Court Rules "Safe Harbor" Provision Does Not Protect Employers Contesting Liability

Connecticut

Philadelphia Reclaims Top Spot on "Judicial Hellhole" List

Who else made the list?

Exceptions To The Coming and Going Rule To Be Aware of During the Holiday Season and Year Round

Florida

The Interplay Between Breaks in Employment and Jurisdiction Pursuant to Section 305.2(a) of the Act

Pennsylvania

PA Supreme Court Ruling Places Burdensome New Rules on PIP IMEs

Pennsylvania

Holiday Events and Tennessee Workers' Compensation

Tennessee

2019 Case Law Update: Denial of Compensability of Short-Term Respiratory Exposure Claim

Florida

Attorney's Fees Likely to Increase on Dependency Claims

New Jersey

Cross-Jurisdictional Issues That Arise When NJ Residents Work Out of State

New Jersey

Unsecured Technology Raises the Stakes on a Business's Exposure to Risk

Veronica Brill, et al. vs. Michael L. Postle, King's Casino, LLC d/b/a Stones Gambling Hall, Justin F. Kuraitis, John Does 1-10 and Jane Does 1-10

When to Appeal Under the Maryland Workers' Compensation Act

Maryland

The Women of Chartwell Law

Chartwell Law legal assistant Lisa Amorosi overcome challenges to reach her goals.

“Uber Law” Drives New Classification for Independent Contractors

California passes Assembly Bill No. 5.

Residency Alone is Not Enough

The NJ appellate division agrees that New Jersey residency, alone, is not enough to confer jurisdiction.

130-Week Cap on Temporary Disability Benefits

New York

The Women of Chartwell Law

“I wanted to be at a firm that’s always fair, provides a great quality of life, and allow its employees to be family-oriented. Chartwell Law checked all those boxes,”

New York Prescription Drug Formulary Reform Implementation

New York

Maryland Workers’ Compensation: Lack of Stay on Appeal can Lead to Harsh Results

Maryland

Tennessee Enacts Revised Workers' Compensation Provisions

Tennessee

What Will a Denial of Costs Actually 'Cost' You?

Florida

Commonwealth Ruling Addresses Defendant Actions through a Compromise and Release Agreement

Pennsylvania

Is Death By Registration in Pennsylvania Still the Norm?

Pennsylvania

A Limitation of the Maryland Workers’ Compensation Commission’s Revisory Powers

Maryland

Temporary Partial Disability Benefits: Pre and Post Industrial Accident Wage Loss Considerations

Florida

Course and Scope: Don’t Fall Victim to the Geography Rule

Pennsylvania

New York's "Expanded Provider Law" Will Allow for an Additional Class of Providers to Render Treatment to Injured Workers

New York

An Additional 450 Weeks on Reopener Cases That Become Total Cases

New Jersey

Georgia Enacts Revised Workers' Compensation Provisions

Georgia

Distracted Driving and Pennsylvania Workers’ Compensation

Pennsylvania

Determining Whether a Worker is an Employee or Independent Contractor and Entitled to Workers’ Compensation Benefits

Massachusetts

Reinstatement Petitions After Granting Termination Petition

Pennsylvania

New Workers' Compensation Law to Expand Cancer Coverage for First Responders

Maryland

Serial Utilization Review: The Conundrum with Pain Management

Pennsylvania

Understanding the 'Notice' Defense

New Jersey

Interaction Between the Americans with Disabilities Act and the Pennsylvania Workers' Compensation Act

Pennsylvania

Florida Law Provokes Public Adjusters for an Increase In Fees

Hurricane Damage

Corrosion of Cast Iron Coverage

Disputes Over Denied Claims

Work-From-Home and Workers' Compensation Can Be Risky Business

Florida

Tennessee Employers May Not Require Referrals to a Single Specialist

Tennessee

Pay Your Massachusetts Conference Orders on Time! A Cautionary Tale from the Review Board

Massachusetts

The Delicate Balance Between Workers’ Compensation and General Municipal Law § 207 Claims

New York

Can Classifying Third Party Settlement Monies for Future Medical Expenses Effect an Employer’s Right to Subrogation Pursuant to Section 319?

Pennsylvania

Georgia Court of Appeals Clarifies Workers' Compensation Scheduled Break Exception

Georgia