Under the Pennsylvania Workers’ Compensation Act, an employer’s liability to an employee, legal representative, husband or wife, parents, dependents, next of kin, or anyone otherwise entitled to...

For those who deal in workers’ compensation matters, it is generally thought that a person who is injured while traveling to or from work is not entitled to workers’ compensation benefits. Indeed,...

Simply by being in the workers’ compensation arena allows most everyone involved to have a general understanding of maximum medical improvement (MMI). In Pennsylvania, MMI does not hold as much...

For those of us who practice in the area of professional liability defense, there remains the question of whether to designate a client as an “expert.” This is true whether the defendant is an...

In Pinder v. WCAB (Lucent Technologies), (No. 23 C.D. 2014,) submitted July 18, 2014, the parties were litigating Termination and Review Petitions when the employer requested that the claimant...

The Pennsylvania Supreme Court recently addressed the burden of proof between an employer and a claimant regarding the claimant’s legal eligibility to work under Federal immigration law whenever...

The unilateral Notification of Suspension or Modification was allowed in amendments to the Pennsylvania Workers’ Compensation Act in 1996. It is a very valuable tool for Pennsylvania workers’...

Lovate Health Sciences USA Inc. agreed to settle a class action lawsuit alleging it made false and misleading statements in its labeling and advertising regarding the effectiveness of its...

The Superior Court’s June 6, 2014, decision in Bumbarger v. Peerless Indemnity Insurance Company, 93 A.3d 872 (Pa.Super. 2014)affirmed an order granting summary judgment thereby entitling an...

In a recent decision from the New Jersey Appellate Division, the court determined that the Law Division does not have the authority to transfer the matter to the Workers’ Compensation Division. In...

The Pennsylvania Supreme Court recently reaffirmed the statutory employer defense, resulting in the invalidation of a $1.5 million jury verdict. In Patton v. Worthington Associates, Inc. , 2014 Pa...

On April 29, 2014, the Pennsylvania Supreme Court, in a split decision, handed down the much anticipated opinion of Barrick v. Holy Spirit Hospital , which addresses the discovery of...

In a dramatic shift from precedent, the Pennsylvania Supreme Court in Tooey vs. AK Steel et all., No. 21 WAP 2011, 2013 WL 6150887 (Pa. Nov. 22, 2013), held that the Pennsylvania Workers...

This past January, the United States Supreme Court issued a significant ruling that will limit where companies may be sued for claims that do not relate to business they conduct in a particular...

In a recent ruling, the Supreme Court of Texas provided guidance for contractors, restricting insurers’ attempts to narrow coverage in general liability policies. Prior to the court’s ruling, a...

The plaintiff's bar continues to try novel theories to escape the effects of the United States Supreme Court decision of Pliva v. Mensing . In Mensing , the Supreme Court held that generic drug...

How far can the NJ WC Courts stretch the so-called “premises rule” of compensability? Based upon a recent decision of the New Jersey Appellate Division, this rule can be pushed pretty far in favor...

On October 22, 2013, Pennsylvania Governor Thomas Corbett signed into law the Benevolent Gesture Medical Professional Liability Act. This law allows health care providers to make benevolent...

The Supreme Court of Pennsylvania recently split down the middle, 3-3, in the appeal of Lipsky v. State Farm , leading to the affirmance of the Superior Court’s ruling that a claim for negligent...

In AAA Mid-Atlantic Ins. Co. v. Ryan , decided on January 21, 2014, the Pennsylvania Supreme Court addressed the issue of whether, under an insurance policy for UIM coverage, the amount of an...