C&W Journal

October 27, 2006

No-Fault Divorce Property Distribution

A divorce action may be filed in Pennsylvania so long as one of the spouses has been a resident of Pennsylvania for at least six (6) months immediately prior to commencement of an action. To initiate a no-fault divorce action in Pennsylvania, one party (the plaintiff) files a Complaint in Divorce against the other (the defendant) alleging...

October 27, 2006

When Is A Denial Not A Denial?

Walter E. Werner, III
Founding Partner and Firm-Wide Workers' Compensation Chair at Pittsburgh, PA

Answer: In nearly every option available on the “Notice of Workers’ Compensation Denial (LIBC 496)”. As the practice of workers’ compensation has evolved over the last 10-15 years, one cannot help...

October 27, 2006

Separation And Child Custody

Custody means the legal right to keep, control, guard, care for and preserve a child and includes “legal custody” and “physical custody.” (1) Legal custody is the right to make major decisions...

October 27, 2006

Child Support Obligations

The law requires parents to provide support for their children who are unemancipated and eighteen (18) years of age and younger. Additionally, unique circumstances may require a parent to provide...

September 27, 2006

Benefit Of Self-Employment Income Slices Both Ways

The long-standing procedure of including self-employment earnings when calculating a claimant's entitlement to partial benefits is not proper, except for earnings from the self-employment job...

September 27, 2006

Medicare Lightens Up

CMS has amended its stated threshold for determining which case settlements to review to confirm that Medicare’s interests are protected. Medicare approval of settlements was previously required...

September 27, 2006

Police Report Needed For Uninsured Motorist Benefits

The policy issued by State Farm and, more importantly, the Motor Vehicle Financial Responsibility Law (MVFRL) required the filing of a police report when an accident occurs and the insured files a...

September 27, 2006

Liability For Fall On Black Ice Colored By Human Intervention

The trial court granted a nonsuit based upon the doctrine of “Hills and Ridges” based upon testimony that the plaintiff fell on black ice because there was no evidence of human interference in the...

September 27, 2006

Pre-Bid Investigation: Kilbuck Landslide

On September 19, 2006, a massive landslide occurred at a shopping plaza construction site in Kilbuck Township, PA that led to the shutdown of busy traffic and rail arteries. The development was...

August 27, 2006

Layoffs Lower Wage Calculations

Whenever possible, the claimant’s earnings history is to be the basis of their wage calculation. Calculating wages upon anticipated earnings is speculative and, in cases in which the claimant is...

July 27, 2006

Business Continuity Planning

Like many of your clients, you may be a small business owner. We understand your problems and concerns, for we operate a small business, also. In the rush and stress of daily management, it is...

July 27, 2006

Guiding Your Family Through Difficult Transitions

We are often asked, “Do I need an estate plan?” or “Do I need a will?” These questions are like asking if you need a 2005 Honda Accord with a satellite radio receiver. You have assumed that you...

June 27, 2006

Medicare's Effect on a Compromise and Release

Historically, workers’ compensation settlements essentially allowed a claimant to double dip. The cost of a claimant’s future medical exposure was taken into consideration when negotiating the...

June 27, 2006

Child Support Status And Settling Claims

The Pennsylvania legislature passed Act 109 in summer 2006. Effective September 2006, workers’ compensation judges do not have authority to approve a compromise and release agreement until the...

May 27, 2006

Penalties In Workers’ Compensation

An issue that arises all too often for Employers in a workers’ compensation matter is that of penalties. Section 435 of the Workers’ Compensation Act provides that penalties shall be established...

April 27, 2006

PA Mechanics’ Lien Law

Pennsylvania’s Mechanics’ Lien Law of 1963 (49 P.S.§ 1502(a)(2)) “is a creature of statute in derogation of the common law and any questions of interpretation shall be resolved in favor of a...

April 27, 2006

Contractor Payment Rights

For contractors performing work in Pennsylvania, there are two legal tools available to obtain payment for services rendered. The Contractor and Subcontractor Payment Act (73 Pa.C.S.A.§§ 501-516)...

April 27, 2006

The Doctrine of “Hills and Ridges”

Pennsylvania Courts continue to adhere to the established common law regarding legal duties imposed on landowners. For snow and ice conditions, the Pennsylvania courts apply the Doctrine of “Hills...

March 27, 2006

Apportioning Liability In Workers' Compensation

The issue of apportionment of liability arises when the Claimant sustains multiple injuries with different Employers or different carriers. This situation arises where a Claimant sustains an...

March 27, 2006

Penalty Petition Pitfalls In Pennsylvania

The extensive amendments to the PA Workers’ Compensation Act contained in Act 57 of 1996 created the need for new and/or updated forms or “Bureau documents.” Since passage of the Act, the...

February 27, 2006

“Yellow Freight” And An Untimely Answer

Yellow Freight refers to a line of cases related to the Commonwealth Court’s 1981 Decision in Yellow Freight Sys., Inc. v. WCAB (Madara), 423 A.2d 1125 (Pa. Commw. 1981) that defined the...

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