In Geological Assessment & Leasing v. O'Hara , 780 S.E.2d 647 (W.Va., 2015), the Supreme Court of Appeals of West Virginia considered three consolidated appeals, each arising out of a circuit...

On December 4, 2015, President Obama signed into law the Fixing America's Surface Transportation Act (FAST Act), which is the first federal law in more than ten years to provide long-term funding...

Anyone familiar with New Jersey's premises liability law is also familiar with the mode-of-operation liability principles applied to cases where a dangerous condition of the property has been...

In the case of Robert Dietz (deceased) by Judith Dietz v. WCAB (Lower Bucks County Joint Municipal Authority ), No. 2051 C.D. 2014, 2015 Pa. Commw. LEXIS 532, the Commonwealth Court addressed the...

On November 23, 2015, the Commonwealth Court of Pennsylvania held that an employee’s notice to his employer, stating that he was experiencing back pain as a result of cumulative trauma, served as...

The New Jersey Automobile Insurance Freedom of Choice and Cost Containment Act of 1984, L. 1983, c. 362, provides for a statutory right of recovery of personal injury protection (PIP) benefits...

The Department of Health routinely inspects healthcare facilities to determine compliance with state and federal regulations, sometimes in response to complaints from an aggrieved family member....

In the case of the School District of Philadelphia v. WCAB (Hilton ), 117 A.3d 232 (2015), the Pennsylvania Supreme Court looked at the defendant’s obligation to provide the claimant with a Notice...

The Superior Court of New Jersey’s Appellate Division recently revisited the oft-argued and fact-sensitive arena of “course and scope” when it reversed the NJ WC Division’s decision in the matter...

In pursuing products liability cases, plaintiffs’ attorneys have long asserted that pursuant to Pennsylvania case law, negligence concepts have no place in strict liability cases as a means of...

For many years prior to 2008, Pennsylvania has repeatedly refused to grant an independent right to minors for the recovery of medical expenses prior to the age of majority (18 years of age). The...

Generally, the issuance of a Notice of Ability to Return to Work (PA Form LIBC-757) is a prerequisite to obtaining a modification or suspension of a claimant’s benefits in the context of Claim,...

Section 306(a.2) requires that a claimant submit to an Impairment Rating Evaluation (IRE) after the expiration of the claimant’s receipt of 104 weeks of temporary total disability (TTD) benefits....

When an employer authorizes a knee repair surgery, could it be liable for an eventual total knee replacement when there is evidence of pre-existing degenerative arthritis? It has often been...

In State ex rel. First State Bank v. Hustead , 2015 LEXIS 974 (Oct. 8, 2015), the Supreme Court of Appeals of West Virginia found that a bank was not entitled to a writ of prohibition as to the...

The Pennsylvania Supreme Court in Babcock & Wilcox v. American Nuclear Insurers , 2015 Pa. LEXIS 1551 (July 21, 2015), a case of first impression, addressed the issue of whether an insured...

Even when a claimant has not reached full recovery and has not returned to work in any capacity, there are still avenues available to reduce workers’ compensation exposure. One of these avenues is...

In Becker v. Smith & Nephew, Inc. , the District Court of New Jersey recently held that plaintiffs could not compel answers to pre-complaint discovery in order to form the basis of the...

In Brady v. Urbas , 111 A.3d 1155 (Pa. 2015), the Pennsylvania Supreme Court affirmed the Superior Court’s decision to vacate judgment in favor of the defendant physician, Dr. Urbas, and remand...

New Jersey recently passed a noteworthy insurance fraud law and is about to pass an anti-indemnification law in the field of transportation. First and foremost, it is now an insurance fraud in New...