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C&W Journal

November 27, 2007

Personal DUI May Result In CDL Suspension

In Wagner, a CDL driver appealed a one-year CDL disqualification after accepting Accelerated Rehabilitative Disposition ("ARD") for a DUI charge received while operating his personal vehicle. Wagner's appeal was based on the fact that he was not operating a commercial vehicle at the time of the offense and thus not a commercial driver. The trial...

November 27, 2007

Indemnification Requires Clear Statement Of Intent

Owner hired general contractor, Thermal C/M, to construct an addition to its facility. In turn, Thermal C/M contracted with Refrigeration Design and Services (RDS) to provide refrigeration...

November 27, 2007

Commonwealth Court Chimes-In On Timely Revoking NTCP

In Galizia v. WCAB (Woodloch Pines, Inc.), the PA Commonwealth Court provided an important decision on the time limitations for a valid revocation of a Notice of Temporary Compensation Payable,...

November 27, 2007

Massage Therapy Not Compensable Treatment

In this case, the Claimant provided a prescription from her treating physician for massage therapy treatment. The employer stipulated that the treatments were causally related to the Claimant's...

September 27, 2007

Admission Or Hearsay - Store Employee Witnesses

A common exception to the hearsay rule is an admission of a party. An admission of an employee may be admissible against an employer, provided that the admission was made within the scope of the...

September 27, 2007

Temporary Notice Of Compensation Payable Revised

The Notice of Temporary Compensation Payable has been revised to include an optional checkbox for medical only cases. Additionally, the reverse page now includes an area for remarks, similar to a...

September 27, 2007

Certificate Of Merit Rule Evolves

One of the hottest areas in the law concerns Pennsylvania Rule of Civil Procedure 1042.1 through 1042.8 – Certificates of Merit in Professional Liability Actions. There can be dire consequences...

September 27, 2007

New LMS Rules Require Increased Disclosure

The amendments to the Code appear to respond to recent arguments by the claimant’s bar that a job cannot be deemed available if the claimant was not made aware of the position. While that argument...

September 27, 2007

Transitory Conditions And Lack Of Notice

Most slip and fall cases hinge on general principles of premises liability. In Pennsylvania, it is well settled that the Restatement (2nd) of Torts § 343 controls premises liability claims. Our...

March 27, 2007

Court Confirms Narrow UR Determinations

Although a prospective Utilization Review (UR) Determination was partially favorable to the employer, it was held to be invalid because the claimant had not treated with the named provider for...

March 27, 2007

Broad Interpretation Of Course Of Employment

The decedent was fatally struck by a drunk driver while walking on an employer owned public sidewalk from the parking lot to his check-in station nearly 30 minutes before the employee's shift was...

March 27, 2007

Positive IRE Does Not Preclude Termination

In denying a termination petition for credibility reasons, the judge ordered the employer to pay counsel fees for unreasonable contest. The Board reversed, ruling that the employer’s evidence...

March 27, 2007

New Federal Electronic Discovery Rules

On December 1, 2006, amendments to the Federal Rules of Civil Procedure went into effect regarding “electronically stored information.” The amendments require that electronic information must be...

March 27, 2007

New Laws: Use Headlights And Remove Snow

Two new laws recently went into effect in Pennsylvania for the winter driving season. The first new law requires the driver of a motor vehicle to use headlights if the windshield wipers are in use...

March 27, 2007

Blind Employees' Cane Is A Known And Obvious Danger

The Pennsylvania Superior Court has determined that a retail store had no duty to warn a patron of the known and obvious dangers posed by the cane of a blind employee. In Campisi v. Acme Markets,...

November 27, 2006

Act 169 And The Health Care Power Of Attorney

In November 2006 the Legislature passed and the Governor signed Act 169 to create a new statutory basis for Advanced Directives for Health Care. Advanced Directives include Health Care Powers of...

November 27, 2006

Act 147 Amends The Workers' Compensation Act

House Bill 2738 (now Act 147) was signed by the Governor on November 9, 2006 resulting in several substantive procedural changes to Pennsylvania Workers' Compensation law. The purpose of the new...

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...

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...

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