Chartwell Law

Contact
Share
Info
United States
Phone: (610) 666-7700
Fax: (610) 666-7704
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Transportation
  • Workers' Compensation
See more
Locations
Other U.S. Locations
  • Florida
  • Maryland
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania
  • Rhode Island
  • Tennessee
Number of Attorneys
100+ Attorneys

Early Indications Reveal that New Jersey Courts Will Uphold a Virus Exclusion Regarding COVID-19 Business Interruption Claims

It has been almost a year since federal, state, and local orders dramatically impacted many businesses’ ability to host customers and created a number of other related issues. Not long after these restrictions took effect,…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Policy Exclusions

See all updates »

Florida First District Court of Appeal Rules Florida Statute Clearly States Time Period for Filing PTSD Worker’s Compensation Claims by First Responders

Under Florida workers’ compensation law, post-traumatic stress disorder (“PTSD”) is a compensable occupational disease when suffered by first responders; however the PTSD must result from a qualifying event, such as witnessing…more

Mental Health, PTSD, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

An Overview of New Jersey Workers' Compensation

Chartwell Law's Brittany Atkinson, Esq., Kevin J. Riefenstahl, Esq., and Colin J. Davis, Esq. present this informative webinar addressing the fundamentals of New Jersey workers' compensation and cover: • Classifications of…more

Disability Benefits, Permanent Disability, Settlement, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

Post-Traumatic Stress Disorder and Other Mental Health Workers' Compensation Claims Arising During COVID-19

As we continue through the COVID-19 pandemic the psychological effects upon employees, especially those that fall within the ‘essential’ category, are coming to light. Mental and psychological conditions such as post-traumatic…more

Coronavirus/COVID-19, Mental Health, PTSD, Workers' Compensation Claim

See all updates »

Florida Ranks Among the Top Five States for COVID-19 Related Workers’ Compensation Claims – Here’s What Employers and Carriers Need to Know

The National Council on Compensation Insurance (NCCI) released a report this past week advising that nationally, Florida was in the top five states for COVID-19 related workers’ compensation claims. “There is no question that…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workers' Compensation Claim, Workplace Safety

See all updates »

When a Physician Demands Fees Above the Florida Statutory Fee Schedule

On March 7, 2019, the Florida 1st District Court of Appeals addressed “what happens when a workers’ compensation claimant seeks care from a doctor who—as a condition of continued treatment—demands compensation above and beyond…more

Administrative Proceedings, Appeals, Deautorization, Employer Liability Issues, Excessive Fees

See all updates »

What is the Impact of the New Florida “Immunity Shield Law” on Workers’ Compensation and Employment Law Cases?

On March 29, 2021, Governor DeSantis signed Florida Statute section 768.38 into law to shield businesses, governments and health care providers from COVID-19 lawsuits. The law is designed to protect these entities from civil…more

Civil Liability, Governor DeSantis, Immunity, New Legislation, Workers' Compensation Claim

See all updates »

First District Court of Appeal Seeks Direction from Florida Supreme Court on Timely Provision of One-Time Change Physician

On May 29, 2020, the First District Court of Appeal issued an opinion in the case of City of Bartow v. Flores regarding Florida’s one-time change provision and certified a question of great public importance to the Florida…more

FL Supreme Court, Health Care Providers, Physicians, Workers' Compensation Claim

See all updates »

A Year in Review: 2020 New York Workers' Compensation Case Law Highlights

1. WCL § 2(15): Occupational Disease - “The Nature of Employment” - Matter of Renko v. NY State Police, 185 AD3d 1198 (3d Dept 2020) - • Facts: Claimant, an auto body mechanic, alleged that he developed prostate cancer as…more

Employer Liability Issues, Occupational Exposure, Workers Compensation Awards, Workers' Compensation Claim, Workplace Injury

See all updates »

Supreme Court of New Jersey Affirms Appellate Court’s Medical Marijuana Decision

This is an update on a previous article, Case Law and Statutory Updates on the Legalization of Marijuana in New Jersey, published February 26, 2021. ‍ This week the Supreme Court of New Jersey affirmed a decision of the…more

Compassionate Use Act, Controlled Substances Act, DOJ, Marijuana, Medical Marijuana

See all updates »

Rhode Island – Infectious Disease COVID-19

Under Rhode Island Workers’ Compensation Law, an occupational disease is set apart of accidental injuries in that it is not expected because it is incident to a particular employment, and it is gradual in development…more

Coronavirus/COVID-19, Infectious Diseases, Workers' Compensation Claim

See all updates »

Pending PA Senate Bill 1127 Takes a New Approach to Business Interruption Coverage Claims But Provides a Basis for Insurers to Deny Coverage

On April 30, 2020, the Pennsylvania Senate introduced a fourth bill aimed at addressing COVID-19 business interruption coverage. However, the bill takes a different approach from its predecessors. Senate Bill 1127, titled the…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Denial of Insurance Coverage, Insurance Claims

See all updates »

COVID-19 Workers’ Compensation Presumptions

Causation can be a tricky issue for infectious diseases in workers’ compensation cases. For a disease like COVID-19, you don’t need to be an epidemiologist or an infectious disease specialist to recognize the challenge of…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workers' Compensation Claim

See all updates »

Delays in First-Class Mail Causing Problems in Pennsylvania Workers’ Compensation Payments

In the last few months, claimants’ counsel has been experiencing delays in receiving their clients’ weekly benefit checks, settlement checks, and the like. Obviously, the late payments have resulted in many difficulties for the…more

Delays, USPS, Workers' Compensation Claim

See all updates »

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

Thinking of denying a medical bill in a Pennsylvania Workers’ Compensation claim for not being “causally related”? Better think twice. A new ruling from the Commonwealth Court of Pennsylvania suggests that denying a medical bill…more

Bodily Injury, Health Care Providers, Workers' Compensation Claim, Workplace Injury

See all updates »

Plaintiff Maintains Initial Burden of Proof to Establish Causation in Hurricane Irma Claims

Florida Statute §627.70132 allows an insured to make a claim for an alleged hurricane loss within three years of the event. This statute, however, is not a waiver of the insured’s initial burden of proof to establish causation…more

Denial of Insurance Coverage, Hurricane Irma, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

An Overview of New Jersey Workers' Compensation

Chartwell Law's Brittany Atkinson, Esq., Kevin J. Riefenstahl, Esq., and Colin J. Davis, Esq. present this informative webinar addressing the fundamentals of New Jersey workers' compensation and cover: • Classifications of…more

Disability Benefits, Permanent Disability, Settlement, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

Suspension of Workers’ Compensation Benefits for Incarceration Cannot Occur Until “After” A Conviction

In Carl Sadler v. WCAB (Philadelphia Coca-Cola Company), the Pennsylvania Supreme Court granted allocator to address the issue of whether the Commonwealth Court erred in concluding that employer was not entitled to reimbursement…more

Incapacitated Persons, Workers Compensation Act, Workers' Compensation Claim, Workplace Injury

See all updates »

A Year in Review: 2020 New York Workers' Compensation Case Law Highlights

1. WCL § 2(15): Occupational Disease - “The Nature of Employment” - Matter of Renko v. NY State Police, 185 AD3d 1198 (3d Dept 2020) - • Facts: Claimant, an auto body mechanic, alleged that he developed prostate cancer as…more

Employer Liability Issues, Occupational Exposure, Workers Compensation Awards, Workers' Compensation Claim, Workplace Injury

See all updates »

Pennsylvania Workers' Compensation Update

Members of Chartwell Law’s workers’ compensation team participated in a conference call with Joseph DeRita, Director of Workers' Compensation Office of Adjudication for the Pennsylvania Department of Labor and Industry, and…more

Coronavirus/COVID-19, Infectious Diseases, Workers' Compensation Claim

See all updates »

The Dangers of Untimely Filings – What Employers Need to Know

In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document…more

Attorney's Fees, Employer Liability Issues, Filing Requirements, Remand, Reversal

See all updates »

Calculating the 120-Day Work Injury Notice

Question: When does 121 = 120? Answer: When the 120th day to give notice of a work injury under Section 311 of the PA WC Act falls on a Saturday, Sunday, or federal or state holiday…more

Employer Liability Issues, Workers Compensation Act, Workers' Compensation Claim, Workplace Injury

See all updates »

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, accompanied by the United States’ Federal Government and individual states’ “state of emergency”…more

Banks, Coronavirus/COVID-19, Emergency Response, Financial Institutions, Financial Services Industry

See all updates »

Post-Traumatic Stress Disorder and Other Mental Health Workers' Compensation Claims Arising During COVID-19

As we continue through the COVID-19 pandemic the psychological effects upon employees, especially those that fall within the ‘essential’ category, are coming to light. Mental and psychological conditions such as post-traumatic…more

Coronavirus/COVID-19, Mental Health, PTSD, Workers' Compensation Claim

See all updates »

Preposterous Presumptions: COVID-19 Workers’ Comp Presumption Laws Trivialize Science, Accomplish Little for Workers, and Unnecessarily Burden Employers

Legislatures around the country are rushing to enact state statutes declaring that COVID-19 is presumptively related to various classes of occupations, triggering employer obligation to pay workers’ compensation benefits to…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workers' Compensation Claim

See all updates »

Pennsylvania Workers' Compensation Update

Members of Chartwell Law’s workers’ compensation team participated in a conference call with Joseph DeRita, Director of Workers' Compensation Office of Adjudication for the Pennsylvania Department of Labor and Industry, and…more

Coronavirus/COVID-19, Infectious Diseases, Workers' Compensation Claim

See all updates »

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under The New Jersey Workers’ Compensation Act?

As COVID-19 vaccines are becoming more accessible to the general public, employers may be considering a mandatory administration of the vaccine in an effort to protect their employees, customers, and patients during the…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Vaccinations, Workers Compensation Act

See all updates »

Are We One Step Closer To Realistic Prices For Drugs In Pennsylvania Workers' Compensation Claims?

In a recent opinion on an important emerging issue, the Commonwealth Court of Pennsylvania has clarified what evidence can be considered in establishing the “Average Wholesale Price” standard for pharmaceuticals in…more

Pharmaceutical Industry, Prescription Drugs, Reimbursements, Workers' Compensation Claim

See all updates »

An Overview of Connecticut Workers' Compensation

Chartwell Law's Adam J. Harrison, Esq. and Jamie Spiller Kaplan, Esq. present this informative webinar addressing the fundamentals of Connecticut workers' compensation and cover: • Defining work related injuries, types of…more

Workers Compensation Act, Workers Compensation Awards, Workers' Compensation Claim, Workers’ Compensation Appeals Board (WCAB), Workplace Injury

See all updates »

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

New York’s Workers’ Compensation Law, as it stands, permits an injured worker to treat with any physician authorized by the Chair of the Workers’ Compensation Board to render medical care as provided under the Medical Treatment…more

Employer Liability Issues, Popular, Workers Compensation Act, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

A General Overview of Maryland Workers' Compensation

Chartwell Law's John T. Huskin, Jr., Esq. and Steve R. Tregea, Esq. present this informative webinar addressing the fundamentals of Maryland workers’ compensation and cover: • What is a compensable claim • Jurisdictional…more

Employer Liability Issues, Jurisdiction, State Labor Laws, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

An Overview of Massachusetts Workers' Compensation

Chartwell Law's Thomas A. Richard, Esq. and Jamie Spiller Kaplan, Esq. present this informative webinar addressing the fundamentals of Massachusetts workers' compensation and cover: • What types of injury are compensable; •…more

Disability Benefits, Workers Compensation Awards, Workers' Compensation Claim, Workers' Compensation Defense, Workplace Injury

See all updates »

Are We One Step Closer To Realistic Prices For Drugs In Pennsylvania Workers' Compensation Claims?

In a recent opinion on an important emerging issue, the Commonwealth Court of Pennsylvania has clarified what evidence can be considered in establishing the “Average Wholesale Price” standard for pharmaceuticals in…more

Pharmaceutical Industry, Prescription Drugs, Reimbursements, Workers' Compensation Claim

See all updates »

Recent Pennsylvania Supreme Court Ruling Impacts Medical Cost Containment in Workers’ Compensation

On September 1, 2020, the Pennsylvania Supreme Court granted allocatur in the case of Keystone Rx LLC v. Bureau of Workers’ Comp. Fee Review Hearing Office. In its Per Curiam Order, the Pennsylvania Supreme Court granted…more

Health Care Providers, Healthcare Workers, Workers' Compensation Claim, Workplace Safety

See all updates »

COVID-19 – More Coverage Questions Than Answers?

The World Health Organization’s (“WHO”) formal declaration that the spread of the novel coronavirus COVID-19 is now a pandemic, with 1,844,863 confirmed cases, 117,021 confirmed deaths, and 213 affected Countries as of April 13,…more

Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Coronavirus/COVID-19, Event Cancellation

See all updates »

Skating Through Snow and Ice Mishaps - A Primer in Connecticut’s Premises Liability Law

The elements of a cause of action for negligence are well established: duty, breach of that duty, causation, and actual injury. Pelletier v. Sordoni/Skanska Const. Co., 286 Conn. 563, 593 (2008). “The status of an entrant on…more

Dangerous Condition, Duty to Warn, Negligence, Premises Liability, Property Owners

See all updates »

Pennsylvania Retailers and COVID-19 Protocols

This article analyzes a recently released COVID-19 Executive Order from Governor Wolf. This order was updated by a temporary order in effect from December 12, 2020, through January 4, 2021, to address a significant increase in…more

Coronavirus/COVID-19, Executive Orders, Governor Wolf, Health and Safety, Retailers

See all updates »

How Will COVID-19 Affect Connecticut Workers' Compensation?

The Connecticut Supreme Court held that exposure to an infectious disease is a compensable injury under the Workers’ Compensation Act. Doe v. City of Stamford, 241 Conn. 692, 696 (1997). It determined that, where a “claimant…more

Coronavirus/COVID-19, Infectious Diseases, Workers' Compensation Claim

See all updates »

Florida Supreme Court Adopts the Federal Summary Judgment Standard

The Supreme Court, on its own initiative, amended Florida Rule of Civil Procedure 1.510, which governs summary judgment.[1] In doing so, the court has elected to adopt the federal summary judgment standard, overriding the prior…more

FL Supreme Court, Motion for Summary Judgment, Rules of Civil Procedure, Summary Judgment

See all updates »

Business Interruption Insurance Coverage Challenges Triggered by COVID-19

The economic fallout of the 2019 Coronavirus (COVID-19) will be staggering. COVID-19 has disrupted supply chains, lowered consumer demand, and wrecked financial markets. Expert economists have begun predicting a global economic…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

See all updates »

In Light of Whitmoyer, Have Third Party Settlement Agreements Radically Changed?

Since the Pennsylvania Supreme Court’s decision in Whitmoyer v. Workers’ Compensation Appeal Board (Mountain Country Meats), 186 A3d 947 (Pa. 2018), circulated on June 19, 2018 (as you will see, the date matters), an employer's…more

Settlement Agreements, Third-Party, Workers' Compensation Claim, Workplace Injury

See all updates »

Liability Policies With “Virus” Exclusions May Not Protect Businesses From COVID-19 Related Claims

As the incidences of infection exponentially grow, we anticipate that many businesses, particularly service industries, would likely face a surge of claims from clients, members of the public, and their employees for the…more

Commercial General Liability Policies, Coronavirus/COVID-19, Insurance Industry, Policy Exclusions, Policy Terms

See all updates »

An Overview of New York Workers' Compensation

Chartwell Law's Adam T. Devine, Esq. and Jason D. Lewis, Esq. present this informative webinar addressing the fundamentals of New York workers’ compensation and cover: • The claims process including initiation of a claim and…more

Disability Benefits, E-Filing, Employer Liability Issues, Loss of Use, Workers Compensation Awards

See all updates »

Can Businesses Require Proof of COVID-19 Vaccination Before Providing Entry or Service To The Public?

There have been discussions as to whether private companies can require proof of vaccinations from the public now that COVID-19 (“COVID”) vaccinations have been approved by the Food & Drug Administration in the United States. …more

Coronavirus/COVID-19, Infectious Diseases, Public Health, Vaccinations

See all updates »

Coronavirus at the Workplace

Coronavirus: a bacteria-ridden beer bottle with a lime? No. Pandemic? Not quite. A serious health concern that potentially presents issues to employers across the country? Yes…more

CDC, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, International Travel

See all updates »

VIDEO: What is the Impact of COVID-19 on Florida’s Workers’ Compensation?

In this video, Chartwell Law Florida workers’ compensation attorneys Amanda Mitteer Bartley and Tom Marchese discuss how COVID-19 is affecting Florida workers’ compensation claims, especially given Governor Ron Desantis’ ongoing…more

Coronavirus/COVID-19, Employee Benefits, Employer Liability Issues, Governor DeSantis, Health and Safety

See all updates »

New Florida Statute Seeks to Protect Businesses Against Baseless COVID-19 Civil Liability Claims

Recently passed §768.38, Fla. Stat. provides heightened liability protections for entities that made a good faith effort to comply with COVID-19 health standards against COVID-19-related claims due to the threat of unknown and…more

Civil Liability, Coronavirus/COVID-19, Immunity, Statute of Limitations

See all updates »

Underwriters at Lloyd's of London Found Not Liable in Million-Dollar Insurance Coverage Action

In a case out of Ohio, the Sixth Circuit recently held that the underwriters of two policies through Lloyd’s of London are not liable for a $2.2 million judgment awarded after a plaintiff was injured on a hunting trip. The case,…more

Insurance Industry, Insurance Litigation, Lloyds of London, Underwriting

See all updates »

Insurers Prevail in Alleged Business Interruption Coverage Matters, Perhaps Paving the Way for Future Rulings

Gavrilides Management Company et al. vs. Michigan Insurance Co. presented an issue of first impression for Michigan courts whereby a restaurant owner made a business interruption claim under his insurance policy due to the…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Case Law and Statutory Updates on the Legalization of Marijuana in New Jersey

Employers continue to navigate the consequences of the use of medicinal marijuana within the workplace. With the passing of Senate Bill No. 21, which went into effect on January 1, 2021, the legalization of the use, possession…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana, Medical Marijuana

See all updates »

Pennsylvania Courts Maintain Protections for Defendants in Fee Agreements

Despite a recent decision expanding the traditional notions of recoverable attorney’s fees in workers’ compensation cases, the court still maintains protections for defendants with respect to the assessment of attorney’s fees…more

Attorney's Fees, Contingency Fees, Fee Agreements, Workers' Compensation Claim

See all updates »

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 regarding costs previously expended or borrowed to pay for their…more

Coronavirus/COVID-19, Leases, Students

See all updates »

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 regarding costs previously expended or borrowed to pay for their…more

Coronavirus/COVID-19, Leases, Students

See all updates »

Decisions By Federal Courts Favor Insurers in COVID-19 Business Interruption Claims in Florida

Two recent opinions addressed the trigger of coverage language requiring a “direct physical loss.” In Mama Jo’s Inc., d.b.a Berries v. Sparta Insurance Company, the Eleventh Circuit Court of Appeals affirmed summary judgment in…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims

See all updates »

Pennsylvania Commonwealth Court Decision Highlights the Necessity of Addressing a Changing Injury Description During Termination Petition Litigation

In City of Allentown v. WCAB (Bryant, Jr.) No. 593 C.D. 2020, a recent Pennsylvania Commonwealth Court decision affirmed the WCJs denial of a Petition to Terminate, as employer failed to prove that claimant was fully recovered…more

Statute of Limitations, Workers' Compensation Claim, Workers’ Compensation Appeals Board (WCAB), Workplace Injury

See all updates »

Dealing with The CARES Act and the Current Status of Offsets in Pennsylvania Workers Compensation

Chartwell attorneys Kaitlin Perry, Lee Fiederer and Jason Hanford discuss whether employers are entitled to an offset for payment of Pennsylvania workers’ compensation wage loss benefits to a claimant who has also received…more

CARES Act, Coronavirus/COVID-19, Unemployment Benefits, Unemployment Compensation System, Workers' Compensation Claim

See all updates »

Masks: Recommended or Required? A State-by-State List

As of the date of this article, over 26.2 million Americans have been infected with COVID-19. Of those, 441,000 have died. Many states such as California, Texas, Florida, New York, and Illinois have upwards of 1 million cases…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Personal Protective Equipment

See all updates »

Who’s In & Who’s Out: Professional Employer Organizations and New York Workers’ Compensation

With a growing demand for skilled workers and the rising cost of overhead, many companies are turning to Professional Employer Organizations (PEOs), to meet their human resources needs. A PEO, generally speaking, is an entity…more

Contract Terms, Employer Liability Issues, Exemptions, Human Resources Professionals, Joint Employers

See all updates »

An Overview of Massachusetts Workers' Compensation

Chartwell Law's Thomas A. Richard, Esq. and Jamie Spiller Kaplan, Esq. present this informative webinar addressing the fundamentals of Massachusetts workers' compensation and cover: • What types of injury are compensable; •…more

Disability Benefits, Workers Compensation Awards, Workers' Compensation Claim, Workers' Compensation Defense, Workplace Injury

See all updates »

An Overview of New Jersey Workers' Compensation

Chartwell Law's Brittany Atkinson, Esq., Kevin J. Riefenstahl, Esq., and Colin J. Davis, Esq. present this informative webinar addressing the fundamentals of New Jersey workers' compensation and cover: • Classifications of…more

Disability Benefits, Permanent Disability, Settlement, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

Skating Through Snow and Ice Mishaps - A Primer in Pennsylvania’s Premises Liability Law

Northeast winters are becoming increasingly less wintry, however, even the occasional storm, while beautiful, can be dangerous. This can often be a liability producing situation for property owners. Ice and snow are slippery and…more

Bodily Injury, Dangerous Condition, Liability, Negligence, Premises Liability

See all updates »

Updated Guidelines For In-Person Civil Jury Trials In The First Judicial District Of Pennsylvania

On March 4, 2021, the First Judicial District of Pennsylvania resumed in-person civil jury trials. This decision and the protocols surrounding it were based on guidance from public health officials as well as current statistical…more

Coronavirus/COVID-19, Jury Selection, Jury Trial, Masks, Social Distancing

See all updates »

Rulings on Constitutional Challenges to COVID-19 Restrictions May Ultimately Impact Business Interruption Coverage Claims

Business closure and stay-at-home orders have faced legal challenges based on putative Constitutional claims across several states. Several decisions have now been issued that construe the legal authority of state government to…more

Business Interruption, Constitutional Challenges, Coronavirus/COVID-19, Insurance Claims

See all updates »

Insurers Prevail in Alleged Business Interruption Coverage Matters, Perhaps Paving the Way for Future Rulings

Gavrilides Management Company et al. vs. Michigan Insurance Co. presented an issue of first impression for Michigan courts whereby a restaurant owner made a business interruption claim under his insurance policy due to the…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

United States District Court for the Western District of Pennsylvania Dismisses Pennsylvania Restaurant’s Proposed Class Action Seeking Coverage For Losses Stemming From COVID-19

On January 15, 2021, U.S. District Judge William S. Stickman granted defendant National Fire & Marine Insurance Company’s Motion to Dismiss a complaint filed by plaintiff 1 S.A.N.T, Inc. 1 S.A.N.T. brought a putative class…more

Business Losses, Class Action, Coronavirus/COVID-19, Insurance Industry, Insurance Litigation

See all updates »

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. In the scheme of things, the cancellation of events is a minor inconvenience…more

Contract Terms, Coronavirus/COVID-19, Event Cancellation, Force Majeure Clause

See all updates »

Pennsylvania Commonwealth Court Decision Highlights the Necessity of Addressing a Changing Injury Description During Termination Petition Litigation

In City of Allentown v. WCAB (Bryant, Jr.) No. 593 C.D. 2020, a recent Pennsylvania Commonwealth Court decision affirmed the WCJs denial of a Petition to Terminate, as employer failed to prove that claimant was fully recovered…more

Statute of Limitations, Workers' Compensation Claim, Workers’ Compensation Appeals Board (WCAB), Workplace Injury

See all updates »

The Dangers of Untimely Filings – What Employers Need to Know

In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document…more

Attorney's Fees, Employer Liability Issues, Filing Requirements, Remand, Reversal

See all updates »

New Law in New Jersey Predicted to Have Significant Impact on Workers' Comp Claims

A new law in New Jersey will have a significant impact on how infectious disease claims, particularly Covid-19, will be handled in New Jersey’s workers’ compensation system. The passing of this bill puts New Jersey in the ranks…more

Coronavirus/COVID-19, Executive Orders, Governor Murphy, Rebuttable Presumptions, Workers' Compensation Claim

See all updates »

PA Supreme Court Ruling Places Burdensome New Rules on PIP IMEs

In a recent appeal from the United States Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court examined the enforceability of a commonly used automobile policy provision related to Independent Medical…more

Allstate, Appeals, Insurance Industry, Medical Examinations, PA Supreme Court

See all updates »

Positive Employer Work Order Versus Positive Employee COVID-19 Test

It’s the news we have been waiting to hear for months. Operation Warp Speed has successfully accelerated the development and production of COVID-19 vaccines, and while the actual distribution of the vaccine has caused chaos, the…more

ADA, Civil Rights Act, Coronavirus/COVID-19, Employment Policies, Infectious Diseases

See all updates »

Early Indications Reveal that New Jersey Courts Will Uphold a Virus Exclusion Regarding COVID-19 Business Interruption Claims

It has been almost a year since federal, state, and local orders dramatically impacted many businesses’ ability to host customers and created a number of other related issues. Not long after these restrictions took effect,…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Policy Exclusions

See all updates »

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

General Municipal Law (GML) § 207 is a statutory benefit provided by municipalities to employees such as police officers, sheriffs, corrections officers, and firefighters injured in the line of duty. Police officers, sheriffs,…more

Municipal Employees, Municipalities, Workers' Compensation Claim

See all updates »

Post-Traumatic Stress Disorder and Other Mental Health Workers' Compensation Claims Arising During COVID-19

As we continue through the COVID-19 pandemic the psychological effects upon employees, especially those that fall within the ‘essential’ category, are coming to light. Mental and psychological conditions such as post-traumatic…more

Coronavirus/COVID-19, Mental Health, PTSD, Workers' Compensation Claim

See all updates »

In Light of Whitmoyer, Have Third Party Settlement Agreements Radically Changed?

Since the Pennsylvania Supreme Court’s decision in Whitmoyer v. Workers’ Compensation Appeal Board (Mountain Country Meats), 186 A3d 947 (Pa. 2018), circulated on June 19, 2018 (as you will see, the date matters), an employer's…more

Settlement Agreements, Third-Party, Workers' Compensation Claim, Workplace Injury

See all updates »

VIDEO: Update on Third Party Workers’ Compensation Settlements in Pennsylvania

Chartwell Law attorneys Mary Wagner, who is a licensed RN, and Jason Hanford discuss third party workers’ compensation settlements in Pennsylvania. If you have any additional questions about this topic, please contact the…more

Settlement Agreements, Statutory Interpretation, Third-Party, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

South Carolina Court Rules Death Was Work-Related and Workers’ Compensation Death Benefits Are Payable to Beneficiary’s

The South Carolina Court of Appeal recently decided the case of Patel v. BVM Motel. Ms. Patel worked for a large national motel chain close to an interstate. Her job required her to be on the motel premises at all times, so she…more

Beneficiaries, Workers Compensation Act, Workers' Compensation Claim, Workplace Injury

See all updates »

Pandemic: An Outbreak of Negligent Security Litigation

Perhaps only Maleva the gypsy fortune teller can predict the nature and scope of lawsuits to come out of the myriad scenarios associated with the Coronavirus (COVID-19). However, one such concern may be “negligent-security”…more

Coronavirus/COVID-19, Infectious Diseases, Negligence, Retailers

See all updates »

[Webinar] Protecting Your Retail Operations From Insurance And Legal Claims In A Post COVID-19 Marketplace - October 29th, 3:30 pm - 4:45 pm EST

Whether you operate an essential store, luxury brand retailer, flash or pop-up store, big-box store, supermarket, or a large retail chain, the COVID-19 pandemic and its aftereffects have forever changed how you should manage…more

Business Operations, Commercial General Liability Policies, Coronavirus/COVID-19, Delivery Drivers, Employer Liability Issues

See all updates »

Skating Through Snow and Ice Mishaps - A Primer in New Jersey’s Premises Liability Law

As winter approaches and the first snow begins to fall, New Jersey property owners will undoubtedly question whether they have a responsibility to remove snow and ice on sidewalks abutting their properties. Luckily, New Jersey…more

Bodily Injury, Dangerous Condition, Duty of Care, Liability, Negligence

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Apr 27, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.