Under the Pennsylvania Workers’ Compensation Act and a myriad of case law, several bases exist upon which the indemnity benefits of an employee, who suffers from residual disability, may be suspended. One such basis is a claimant’s voluntarily withdrawal from the labor market. The Commonwealth Court revisited this issue in the recent case of City...
Insights and analysis from our attorneys
C&W Journal
March 01, 2012
Commonwealth Court Emphasizes Employer’s Burden in Voluntary Withdrawal from the Labor Market Cases
March 01, 2012
From the Emerald City to the Steel City Rebecca Sember Izsak — an...
THIS C&W JOURNAL PROFILE HIGHLIGHTS CIPRIANI & WERNER’S PITTSBURGH, PENNSYLVANIA, OFFICE There is no place like home. This is exactly what Rebecca Sember Izsak thought after she was...
March 01, 2012
Event Data Recorders—Past, Present, and Future
It has been well over a decade since the introduction of the event data recorder (EDR) in passenger vehicles and light trucks. General Motors was the first notable manufacturer to publicly...
March 01, 2012
Taking Medicare’s Interests Into Consideration . . . Or Not
“We must take Medicare’s interests into consideration …” This is a constant refrain uttered by settling parties and parties dealing with the payment of jury verdicts. There is ongoing confusion as...
March 01, 2012
The Pennsylvania Tort Claims Act: An Evolving Membership
The Pennsylvania Tort Claims Act provides immunity to certain classes of entities. Certain entities have historically been deemed to be within the class entitled to the immunity afforded by the...
March 01, 2012
Defense Win! Appellate Division Holds That Expert Opinion of...
Davis v. Barkaszi, 2012 N.J. Super. LEXIS 15 (App.Div. Feb. 9, 2012), defendant bar appealed an unfavorable jury verdict claiming that, inter alia, the trial judge excluded important evidence...
March 01, 2012
Pennsylvania Amends Oil & Gas Act Creating a More Favorable...
On February 8, 2012, House Bill 1950 was passed by the Pennsylvania General Assembly, and six days later on Tuesday February 14, 2012, the bill was signed into law by Governor Corbett. This bill...
March 01, 2012
Cipriani & Werner Obtains Dismissal of Personal Injury Claim...
Attorney Adam L. Seiferth, for Cipriani & Werner, PC, successfully defended a convenience mart against a claim that plaintiff was injured due to defective exterior steps. Plaintiff parked her...
January 05, 2012
Cipriani & Werner Wins Appeal Before the Commonwealth Court...
Cipriani & Werner recently represented Allegis Group in Allegis Group v. WCAB (Coughenaur) , Pa. Commw. No. 977 C.D. 2010, filed October 20, 2010, in which the Commonwealth Court outlined the...
January 05, 2012
Jury Confirms No Negligence For C&W Client
On December 13, 2011, following a two day jury trial in York County, Pennsylvania, Adam L. Seiferth of Cipriani & Werner, P.C. obtained a defense verdict for the client. The plaintiff, who was...
January 05, 2012
Medical Provider Applications In New Jersey WC
The New Jersey Workers’ Compensation Court recently issued an opinion in the matter of Burn Surgeons of St. Barnabas v. Shop Rite concerning the payment of medical treatment in the context of a...
January 05, 2012
Positively Bullish on Positive Work Order Defense
While we typically think of workers’ compensation as an arena where the fault of the injured worker plays no part, Section 301(a), 77 P.S.§431, of the Pennsylvania Workers’ Compensation Act (Act)...
January 05, 2012
Switch and Re-Switch: Superior Court Changes Mind Twice and Extends...
On November 23, 2011, an en banc panel of the Pennsylvania Superior Court in Barrick v. Holy Spirit Hosp. of the Sisters of Christian Charity, 2011 PA Super 251 (Pa. Super. Ct. 2011), overturned a...
January 05, 2012
Traffic Violation Alone Insufficient to Maintain Punitive Damage...
In Jacoby v. Sims, 101 Luz. Reg Reports 46 (Van Jura, J. ,2011), defendant filed Preliminary Objections to strike any and all claims of recklessness and/or punitive damages from the plaintiff’s...
January 05, 2012
Escape From Philadelphia County: Part II
Proper venue is determined by the Pennsylvania Rules of Civil Procedure. For corporations, the rules dictate that litigation can only be commenced in the county where the cause of action arose;...
January 05, 2012
Escape From Philadelphia County: Part I
Litigating in the Court of Common Pleas of Philadelphia, Pennsylvania, is seen by defendants as a risky proposition, especially for personal injury claims. The venue is known for having the most...
January 05, 2012
House Bill 1976 Legislature Weighs In On Venue Debate
The Pennsylvania Legislature is currently considering House Bill 1976 (“HB 1976”) which will significantly limit the list of counties where a plaintiff may bring a personal injury action—although...
January 05, 2012
Governor Signs Legislation Banning Text Messaging While Driving in PA
On November 9, 2011, Pennsylvania Governor Tom Corbett signed Senate Bill 314 into law, which will ban text messaging while driving. The new law goes into effect in March 2012. The ban is subject...
July 15, 2011
"Fair Share Act" Signed into Law
As anticipated in our previous C&W Journal (when a new bill had only just been placed on the Pennsylvania House agenda), the “Fair Share Act” is now law in Pennsylvania, having been signed by...
May 21, 2011
Indemnification Agreement Interpretation In New Jersey
On March 15, 2011, the New Jersey Supreme Court decided the case of Tina Kieffer v. Best Buy, 203 N.J. 93 (2011), which will impact parties who enter into indemnification agreements with vendors...
January 26, 2011
New Bill To Be Introduced To State House As "Fair Share Act"
I. Present Responsibility of Defendants Under current Pennsylvania law, if you are a defendant in a lawsuit with at least one other defendant and are joint tortfeasors*, you may be responsible for...