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In the finest tradition of the legal profession.

Risk Management

The DOL Withdraws the Informal Guidance on Joint Employment and Independent Contractors

On June 7, 2017, the Department of Labor (DOL) withdrew its 2015 and 2016 informal guidance on the topics of joint employment and independent contractors.  These guidelines were issued during President Obama’s administration, and had the effect of expanding joint...

Putting the Steeple (Back) on the Hospital: Supreme Court Rules that Benefit Plans for Employees of Religious-Affiliated Hospitals are Exempt from ERISA

In a June 5, 2017 decision, the U.S. Supreme Court held that benefit plans covering employees of church-affiliated hospitals were “church plans,” and hence not subject to ERISA, despite not being “established” by a church.  The decision, Advocate Healthcare Network v....

Legal Implications of Electronic Medical Records (EMR) Documentation for Nurses: “Charting” a Better Course

As a medical malpractice defense attorney, I can attest to the important role that medical records play in defending medical negligence lawsuits, especially charting that is done by nurses.  Considering that a patient has two years in which to file a medical...

Erosion of the “Abnormal Working Condition” Standard for “Mental-Mental” Work-Related Injuries

For nearly three decades Martin v. Ketchum, 568 A.2d 159 (Pa. 1990) has set the standard upon which a claimant may establish a compensable psychological injury as a result of a work-related mental stimulus or “mental-mental” injuries. The Pennsylvania Supreme Court...