CLM: Lissa Klein Discusses Worker’s Compensation Considerations for Employers as Remote Work Persists
In an article published online in CLM Magazine on June 30, 2021, Partner Lissa F. Klein discusses workers’ compensation considerations for employers as remote work persists post-pandemic. “As the number of remote employees will continue to
Proper Protocols in Correctional Health Care Help Reduce Liability Risk
Written by: Beth Boone, Esq. Administrators, officers and health care providers who work in correctional facility settings should make sure they aren’t giving plaintiffs’ attorneys a commonly exploited opening for litigation: protocol lapses
The Florida First District Court of Appeal Has Again Interpreted Section 440.13(2)(F) Fla. Stat., The “One Time Change” Statute, To Permit an Injured Worker to Select Their Own Physician When an Alternate Physician Was Not Timely Provided
Written by: Rayford H. Taylor, Esq. An employer/carrier must aggressively pursue obtaining an appointment with the newly authorized physician or risk having the injured worker select the alternate physician. While we do not know what period of
New York Public Health Law § 2801 Does Not Apply to Adult Homes
Written by: Daniele DeZago, Esq. Edited by: Nicole A. Callahan, Esq. The applicability of New York Public Health Law § 2801 has been limited thanks to a decision issued by Judge George Nolan of Suffolk County Supreme Court. In Schuckman v. At
Fourth Circuit Says Lack of Time to Investigate a Claim Can Create an Objectively Reasonable Basis for an Insurer to Refuse a Settlement Demand
Written by: Elizabeth Wieters, Esq. In an unpublished per curium opinion styled Columbia Insurance Company v. Christopher Kamil Waymer, et al, the Fourth Circuit Court of Appeals recently reviewed and affirmed the South Carolina District Court
Florida Employers and Carriers May Be Subject To Monetary Damage Awards to Claimants in Rule NISI Proceedings Following Recent Appellate Court Decision
Written by: Rayford H. Taylor, Esq. Circuit court judges in Florida have the authority to require provision of benefits ordered by a jcc but which are found to be willfully withheld. Trial courts can use a Rule Nisi proceeding to not only orde
DOL Publishes Long Overdue COVID Safety Rules For Health Care Settings
Written by: Jacqueline Voronov, Esq and Robert Romeo It has been well over a year since the start of the coronavirus pandemic, and the Department of Labor (“DOL”) has finally issued its highly anticipated COVID workplace safety rules
Judge Edwards of Kings County Grants Summary Judgment in Favor of Medical Malpractice Defendants in Moore v. Volokh—Holds Plaintiff’s Experts Failed to Refute Causation Arguments
Written by: Jeffrey T. Wolber, Esq. Editor: Nicole Callahan, Esq. On June 11, 2021, Kings County Supreme Court Justice Genine Edwards issued a decision granting summary judgment in favor of a radiology center and its radiologist. In this act
Georgia’s COA Applies Supreme Court’s Overruling of Lunch Break Exception
Written by Daniel Richardson, Esq. Last year the Georgia Supreme Court addressed the collision of two separate lines of precedent that the Court of Appeals had been trying to hold together with confusing results. This involved (1) the Scheduled
Hospital and Healthcare Associations File Amicus Brief in COVID Nursing Home Suit
Written by: Eve Soldatos, Esq. and Kyle A. Schiedo, Esq. Edited by: Nicole A. Callahan, Esq. On June 5, 2020, plaintiff Vivian Rivera-Zayas brought an action in Kings County Supreme Court against Long Island nursing home Our Lady of Consolation