The Chartwell Chronicles: Total Temporary Disability
Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more
The March Monthly Minute digs into an Ohio district court ruling that rejected application of a medical plan exclusion, missing participant guidance and related audit concerns, and responses to the Change Healthcare...more
Supreme Court of New York, New York County - In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure...more
Starting July 1, 2024, California employers across all industries must have a written Workplace Violence Prevention Plan (“WVPP”) in place. As previously reported, the recently enacted SB 553 established this new requirement,...more
On Thursday, March 14, the 3rd Dept. released two new decisions that are important for New York workers’ compensation cases. Learn more below....more
Yolas v. NYCTA, 3rd Dept. 2/22/24 CV-22-1903 - The 3rd Dept. issued a good decision on a Sec. 114-a violation. In this decision, the Court did not buy the “good days and bad days” argument to explain away why the petitioner...more
Earlier this week, the Michigan Occupational Safety and Health Administration (MIOSHA) amended its existing administrative standard concerning covered employers’ recording and reporting of occupational injuries and illnesses....more
Seyfarth Synopsis: The Bureau of Labor statistics addresses the rise in worker deaths in 2022, and expected data for 2023....more
Court: Supreme Court of New York, New York County - Defendant Burnham LLC filed motions for partial summary judgment with respect to punitive damages in two actions, DeRoy and Giuliano, on the basis that asbestos exposure...more
Key Takeaways - SB0071/HB0800 specifies that 25% of the net recovery by a claimant on a claim for workers’ compensation will be subject to execution on a judgment for a child support arrearage. HB0902/SB0839 establishes...more
On September 30, 2023, California enacted Senate Bill No. 553 (“S.B. 553”), which requires covered California employers to adopt a comprehensive workplace violence prevention plan by July 1, 2024. These plans may be...more
Sometimes "irrationality" can be rational. It is obvious that players in the National Football League face significant risks to their health in playing professional football. The nature and probabilities of those risks has...more
Normandy Insurance Company v. Mohammed Bouayad and Value Car Rental, LLC; Case No. 1D21-1717; On appeal from an order of the Office of the Judges of Compensation Claims, Neal P. Pitts; Decision date: August 16, 2023 - The...more
The UK government has launched a new public consultation aimed at increasing take up of occupational health services and addressing the workforce capacity of occupational health providers. What does the consultation cover and...more
On March 2, 2023, the Tenth District Court of Appeals announced its decision in State ex rel. Autozone Stores, Inc. v. Industrial Commission, 2023-Ohio-633. Unfortunately, the decision is not favorable for Ohio employers. ...more
In Episode 6 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss Total Temporary Disability. Topics of discussion include how TTD benefits are calculated, when TTD benefits start, when to cut TTD...more
El Ministerio de Minas y Energía en Colombia expidió el reglamento de higiene y seguridad en labores mineras a cielo abierto mediante el Decreto 539 de 8 de abril de 2022 (el Decreto) actualizando así lo establecido en el...more
Below are some of the latest state updates and posters – The State of California has released various information on Covid-19 related paid sick leave for 2022:...more
Since the beginning of the pandemic caused by COVID-19, remote work has become the norm for many companies. However, even when work is performed at the worker's home, the worker can still file a claim with Quebec’s workers’...more
To state the obvious, the pandemic has resulted in completely unexpected change across the country in so many ways. OSHA’s visibility and role are probably one of the most significant changes to any federal agency. Prior to...more
Over the next several weeks I will be releasing a series of articles on North Carolina Workers’ Compensation Death Claims. The articles will address the following five overarching issues...more
In an effort to stimulate safe reopening of the economy and protect companies acting in good faith, Indiana has enacted a COVID-19 immunity shield. Governor Eric Holcomb signed Indiana Senate Bill 1, “Immunity Related to...more
The Eastern District of Texas ruled last week that Tyson, a “critical infrastructure” company, properly removed a COVID-19-related case to federal court under the federal officer removal statute, 28 U.S.C. § 1442.[1] In light...more
On December 9, 2020, Alberta’s Bill 47, the Ensuring Safety and Cutting Red Tape Act, 2020, received Royal Assent. The legislation replaces Alberta’s current Occupational Health and Safety Act in its entirety, and makes...more
The year 2020 has been nothing less than a series of traumatic events for many. No one was prepared for the changes the year brought and the adjustments that were required as a result—remote working and schooling, safe...more