Year: 2014

Paying Workers to Attend Medical Appointments

Gavel And Stethoscope

04/22/2014Vandeventer Black

An injured worker is entitled to reimbursement for mileage expenses when traveling to and from related medical appointments. But, is that employee also entitled to receive wage loss benefits for the time missed from work while attending related medical appointments? That answer is not as easy. It is certainly reasonable to expect, and even require… Read more »

Employee Bound By Arbitration Agreement in Employment Application

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04/10/2014Lowenstein, Neil S.

Last month Judge Conrad of the Western District of Virginia held that an employee was required to arbitrate his claims because the employees signed an employment application agreeing if employed to be bound by the company’s Dispute Resolution Process (DRP), which included arbitration. The employee had denied signing the DRP agreement itself, but admitted he… Read more »

Do I Have to Include That? . . . Calculating AWW

american dollar bills

04/03/2014Vandeventer Black

Must you include non-Longshore wages when calculating the pre-injury Average Weekly Wage (AWW) for a claim pursuant to the Longshore & Harbor Workers’ Compensation Act (LHWCA)? In a nutshell – YES. The scenario is not at all uncommon when it comes to Longshoremen and other maritime workers who qualify for LHWCA benefits following an industrial… Read more »

Carnell Construction: Major Virginia Procurement Decision Issued by U.S. Fourth Circuit Affecting Claim Recovery Under VPPA

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03/13/2014Lowenstein, Neil S.

Last week the United States Court of Appeals for the Fourth Circuit issued a decision in the Case of Carnell Construction Corp. v. Danville Redevelopment & Housing Authority with significant implication regarding Virginia Public Procurement Act (VPPA) claims. The case has a detailed history and has been sent back to the lower court for the… Read more »

GAO Decides Offeror Affiliates Should be Considered in Experience Evaluation

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02/25/2014Lowenstein, Neil S.

The Government Accountability Office recently considered whether a offeror’s affiliate companies should be considered by the government in evaluating the offeror’s experience in Iyabak Constr. LLC, GAO, B-409196, 2/6/14, decision released 2/11/14. The solicitation should past performance experience for similar projects within the last five years, but experience examples were limited to projects performed by… Read more »

President Unilaterally Raises Minimum Wage for Federal Contracts

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02/13/2014Lowenstein, Neil S.

On February 12, 2014, President Obama signed his promised Executive Order increasing the minimum wage to $10.10 per hour for workers under new and renegotiated federal contracts. The Executive Order also increases the minimum wage for tipped workers starting January 1, 2015. The new wage rates will raise with inflation each year. Covered workers include… Read more »

Oh Oh . . . Did I Really Just Waive My Coverage?

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01/06/2014Lowenstein, Neil S.

Incidents are common place on construction sites. Unfortunately, sometimes things happen that damage the work or cause injury. Typically there is insurance coverage that covers these incidents, but a recent Federal Court decision highlights the pitfalls to the insured taking unilateral action to resolve associated claims, if the insured intends to pursue a related claim… Read more »

Fourth Circuit Affirms Dismissal of Suit for Discovery Failings

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01/03/2014Lowenstein, Neil S.

In its recent decision in Projects Management Co. v. DynaCorp International LLC, __ F.3d ___ 122241 (4th Cir., No. 12-2241, Decided November 5, 2013), the Fourth Circuit Court of Appeals re-iterated the importance of meeting pre-trial discovery requirements in affirming the lower court’s dismissal of a multi-million dollar damage claims because of the plaintiff’s discovery… Read more »

Vandeventer Black’s Lowenstein Teaching Upcoming Public Contracts and Procurement Regulations Seminar

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01/03/2014Lowenstein, Neil S.

Vandeventer Black’s Neil Lowenstein is one of the teachers for an upcoming seminar on January 15, 2014 in Norfolk, VA addressing Public Contracts and Procurement Regulations in Virginia. Part of Neil’s presentation is a section on procurement ethical issues as well as common dispute issues. The seminar is at the Marriott Courtyard in Downtown Norfolk…. Read more »