COVID-19 Resource Center

C&W Journal

January 27, 2022

UPDATED WORKERS’ COMPENSATION MEDICARE SET ASIDE (WCMSA) REFERENCE GUIDE (VERSION 3.5) CALLS INTO QUESTION NON-SUBMIT AND EVIDENCE BASED MSA ALLOCATIONS

The Centers for Medicare and Medicaid Services (CMS) has recently released an updated Workers’ Compensation Medicare Set Aside (WCMSA) Reference Guide (Version 3.5, January 10, 2022) that may have a significant impact on how parties approach settlement of a claim where an MSA and potential CMS approval of same could be at issue. The relevant...

January 17, 2022

New Jersey Workers’ Compensation Legal Update – January 2022

Parking Lot Amendment On January 10, 2022, New Jersey Governor Murphy signed into law an amendment to NJSA34:15-36 as it pertains to the compensability of parking lot cases. The amendment states: ...

January 14, 2022

U.S. SUPREME COURT BLOCKS OSHA VACCINE MANDATE ETS BUT PERMITS CMS...

On January 13, 2022, the U.S. Supreme Court issued a stay against the OSHA Emergency Temporary Standard (ETS) for large, private employers. Then in a second opinion, it refused to stop the Interim...

January 05, 2022

New Jersey Workers' Compensation Case Law Update: ...

It is well-established that an injury sustained during a social or recreational activity is not compensable unless such activities (1) are a regular incident of employment and (2) produce a...

December 23, 2021

PA SUPREME COURT DECISION CHANGES LAW ON CLAIMANTS’ ENTITLEMENT TO...

The Pennsylvania Supreme Court has issued a ruling that could result in a significant increase in the frequency and amount of attorney fee awards to claimants’ attorneys. On December 22, 2021, the...

December 20, 2021

COVID-19: SIXTH CIRCUIT REINSTATES OSHA VACCINE MANDATE ETS

On December 17, 2021, the U.S. Circuit Court of Appeals for the Sixth Circuit reinstated the OSHA Emergency Temporary Standard (ETS) for large private employers. This ETS requires private...

December 09, 2021

FEDERAL COURTS BLOCK COVID-19 VACCINE MANDATE FOR FEDERAL...

On December 7, 2021, a federal court in Georgia issued a temporary nationwide injunction against the enforcement of the Biden Administration’s vaccine mandate for federal contractors. This follows...

November 18, 2021

CMS ISSUES VACCINE MANDATE FOR FEDERALLY-REGULATED HEALTH CARE...

On the same day that OSHA issued its recent Emergency Temporary Standard (“ETS”) requiring large (100 or more employees) private employers to mandate vaccination of their employees, The Centers...

November 15, 2021

FIFTH CIRCUIT CEMENTS STAY OF OSHA VACCINE MANDATE EMERGENCY...

On November 4, 2021, OSHA issued an Emergency Temporary Standard (“ETS”) that proposed to require private employers, with 100 or more employees, to mandate vaccination against COVID-19 or to...

November 12, 2021

PODCAST – Attorneys Salvatore Vilardi and Richard Bryan discuss...

In this episode of Cipriani & Werner, P.C.’s podcast series An Ounce of Prevention , Attorneys Salvatore Vilardi and Richard Bryan, partners in our Philadelphia, PA and Mt. Laurel, NJ office,...

November 08, 2021

REQUIRED COVID-19 VACCINATION POLICY UNDER OSHA EMERGENCY TEMPORARY...

On November 5, 2021, OSHA issued its Emergency Temporary Standard (ETS) and corresponding guidance for mandated COVID-19 vaccination at private sector employers with 100 or more employees. A key...

November 05, 2021

OSHA Emergency Temporary Standard for COVID-19 Vaccination Mandate...

On September 9, 2021, President Biden outlined his plan for mandated COVID-19 vaccination in the workplace. Since that time, we have provided timely and sequential updates explaining the guidance...

October 28, 2021

Recent Amendment to NJ Workers’ Compensation Act Requires Employers...

On September 24, 2021, New Jersey Governor Phil Murphy signed into law Bill A-2617/S-2998, which is an amendment to the NJ Workers’ Compensation Act that will require employers to provide a ...

October 06, 2021

WV Insurance Commissioner Limits Access to the Permanent Total...

On September 1, 2021, West Virginia Insurance Commissioner Jim Doddrill issued Insurance Bulletin No. 21-06 titled “Permanent Total Disability Review Board”. The Bulletin provides that as of...

September 27, 2021

COVID-19: Expiration of the ARPA Tax Credits

This Thursday, September 30, 2021, the tax credits for employer-provided COVID-19-related paid sick leave are set to expire. As such, employers that have voluntarily been providing paid sick leave...

September 27, 2021

COVID-19: Guidance for Federal Contractors and Subcontractors

We continue to follow the evolving guidance borne of President Biden’s vaccination and masking mandate now titled, “The Path Out of the Pandemic: COVID-19 Action Plan.” Immediately following the...

September 21, 2021

COVID-19: New Guidance for Federal Employees Issued and Message of...

On September 9, 2021, President Biden outlined a new, six-pronged plan for COVID-19 vaccination. As a first step in his documented process, he signed Executive Order 14043 - Requiring Corona virus...

September 15, 2021

Emerging from the Pandemic: How Diversity, Equity and Inclusion...

While demographic changes have informed and impacted our understanding of diversity, equity, and inclusion (DEI) in recent years, the COVID-19 pandemic – and our slow but inevitable emergence from...

September 14, 2021

COVID-19: President Biden’s Plan for Vaccination, Masking and...

On Thursday, September 9, 2021, President Biden presented a six (6) pronged plan to address the ongoing COVID-19 crisis. Below, is an outline of his plan taken directly from the White House...

August 27, 2021

COVID-19: OSHA Recommends Face Coverings for Vaccinated Workers

On August 13, 2021, OSHA issued updated guidance to combat the spread of COVID-19 in the workplace. This guidance is significant in that it now recommends employers require face coverings for even...

August 27, 2021

Do We Now Need to File URs to Challenge the Causal Relationship of...

There have been a number of Workers’ Compensation cases in Pennsylvania recently dealing with the interplay between the Utilization Review and Fee Review systems. As you know, the Utilization...

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