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Client Advisories

December 21, 2022

Pennsylvania Workers’ Compensation Client Advisory: Commonwealth Court Requires Employers to File Utilization Review or Petition for Review to Perfect Argument that Fee Review Process is Premature

On December 15, 2022, the Commonwealth Court of Pennsylvania published two opinions concerning fee review procedures: UPMC Benefit Management Services, Inc. d/b/a UPMC Work Partners v. United Pharmacy Services (Bureau of Workers’ Compensation Fee Review Hearing Office), No. 558 C.D. 2021, ____ A.3d ________ (Pa. Cmmw. Ct. Dec. 15, 2022), and SWIF v. Harburg Medical… read more

November 10, 2022

MARYLAND CLIENT ADVISORY: Maryland Passes Three Ballot Measures Impacting Claims and Litigation

Maryland voters went to the polls on November 8, 2022, passing three ballot measures that will impact claims and litigation. First, voters amended Maryland’s Declaration of Rights to allow for legislation to increase the amount in controversy where a jury trial may be demanded in civil proceedings.  The amount in controversy for civil jury trials… read more

October 17, 2022

Virginia Workers’ Compensation Client Advisory: Full Commission Holds Retroactive COVID-19 Presumption is Constitutional

In May, 2021, the legislature passed two bills creating presumptions for healthcare providers and firefighters/law enforcement who tested positive for COVID-19. SB1375 granted a presumption for healthcare providers who tested positive for COVID-19 between March 12, 2020 and December 31, 2021. HB1875 gave a similar presumption for firefighters/law enforcement officers who tested positive between July… read more

August 05, 2022

Pennsylvania Client Advisory: Commonwealth Court Clarifies Carrier’s Responsibility on Paying For a Claimant’s Purchase of a New Home vs Renovation of Existing Home

The following is a summary of a new, reported case, filed on August 1, 2022 which holds that while an employer is responsible for home modifications necessitated by a work-related injury, an employer is not liable for the contribution towards a new home. Ralph Martin Construction and Lackawanna American Insurance Co., v. Miguel Castaneda-Escobar (WCAB), … read more

June 21, 2022

Creation of West Virginia Intermediate Court of Appeals and Impact on Workers’ Compensation Practice

In April 2021, the West Virginia Appellate Reorganization Act was enacted with an effective date of July 1, 2022. In addition to creating an intermediate appellate court (the West Virginia Intermediate Court of Appeals) below the West Virginia Supreme Court of Appeals (previously the only appellate court in the state), the statute also reorganized the… read more

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