The Chartwell Chronicles: New Jersey Attorney Fees
The Chartwell Chronicles: New Jersey Caselaw Updates
What's the Tea in L&E? Injury or Disability: What's the Difference?
The Chartwell Chronicles: Understanding the Medicals
The Chartwell Chronicles: Florida Workers' Compensation
LFLM LAW with L.A.W - EPISODE 20 - Legal beginnings - A New Attorney’s Journey
The Chartwell Chronicles: FAQs & Hot Topics
The Chartwell Chronicles: Second Injury Fund
The Chartwell Chronicles: Release & Resignation
LFLM LAW with L.A.W - Are AMEs still the solution with Tanya Johnson, Attorney, San Francisco
Detecting Fraud in New Jersey Workers' Compensation
The Chartwell Chronicles: New Jersey Workers’ Comp Alert
LFLM LAW with L.A.W - Adjuster to Attorney
Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay?
LFLM LAW with L.A.W - Remote Trials
The Chartwell Chronicles: Expanding Our Conversation
The Chartwell Chronicles: Medical Provider Claims
The Chartwell Chronicles: Total Temporary Disability
OSHA Recordkeeping Regulations: Understanding the Fine Print
How have the rules changed since Ohio legalized recreational marijuana? Can you still drug test? Can you test for reasonable suspicion? What if someone gets hurt at work? What if they test positive but say it’s because they...more
A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to 7.3%, an increase of 9%...more
As more states legalize the use of marijuana for medical or recreational purposes, employers in states such as North Carolina and South Carolina that have not relaxed their cannabis laws are asking under what circumstances...more
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (“CRC”) issued interim guidance (the “Guidance”) for employers regarding the employment protections passed for cannabis users last year pursuant to the New...more
A recent Commonwealth Court decision addressed an employee’s entitlement to Pennsylvania workers’ compensation wage loss benefits after his employment was terminated for noncompliance with the employer’s post-injury...more
Q: If I didn’t ask for a drug test of an injured employee but the doctor did one, can I still use that in making an employment decision? A: Yes, in general. Iowa Code 730.5, a very specific drug testing statute, does...more
Seyfarth Synopsis: On May 29, 2020, the Rhode Island Supreme Court affirmed dismissal of an employee’s lawsuit against his former employer after it terminated him for refusing to submit to a reasonable suspicion drug test,...more
Q: When an employee is injured on the job, can we drug test them? A: This is a common question posed by employers and medical review officers or treatment providers following the amendments made in 2017 to the Iowa...more
Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more
The Occupational Safety and Health Administration’s (OSHA) short- and long-term regulatory agendas remain busy as we close out 2019 and enter 2020. The regulatory agenda is published twice a year and sets forth the Agency’s...more
With Oklahoma’s new medical marijuana laws, employers will be facing more workplace questions involving marijuana. A recent Oklahoma Court of Civil Appeals decision awarding workers’ compensation benefits to an injured...more
Employers in the construction industry, particularly multi-state operators, may face challenges with new legislation in Nevada and a new case interpreting Arizona’s medical marijuana law. ...more
It’s that time of year again…when federal agencies, including OSHA, tell us what is on the horizon for rulemaking activity. This week the spring semiannual regulatory agenda for federal agencies was published. This...more
Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under...more
During the Obama presidency, the federal Occupational Safety and Health Administration issued interpretation memoranda that called into question the legality of common employer programs intended to reduce accident rates. This...more
In 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule (the “2016 Rule”) – found in 29 C.F.R. § 1904.35(b)(1)(iv) – related to post-incident drug testing and workplace safety incentive programs...more
The U.S. Occupational Health and Safety Administration (“OSHA”) recently issued a Standard Interpretation memorandum (the “New Guidance”) to clarify the agency’s position on whether workplace safety incentive programs and...more
For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain....more
Three related developments on the OSHA front in October have implications for employers. First, OSHA has walked back its previous interpretation of the anti-retaliation rule it implemented in 2016. That rule prohibits...more
In a Memorandum to Regional Administrators dated October 11, 2018, OSHA provided further guidance on whether certain drug testing policies or safety incentive programs would violate OSHA’s anti-retaliation standard. In its...more
For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. Originally published in The Journal Record |...more
In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries...more
The opioid crisis in America remains at epidemic proportions. A study from Boston Medical Center published last week estimates that 275,000 Massachusetts residents, or 4.6% percent of all adults and children older than age...more
The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more
OSHA announced this month that it is clarifying, and effectively rolling back, portions of the injury and illness rule guidance it issued in 2016. The decision walks back guidance that potentially penalized employers for...more