The Commonwealth Court in Albert Einstein Healthcare v. WCAB (Stanford), has addressed the burden of proof required from Claimant to establish disability for periods prior to their medical experts' treatment of the Claimant. Often we are confronted with Claimants who attempt to establish disability based upon the testimony of an expert who did not...
Insights and analysis from our attorneys
C&W Journal
December 21, 2008
Receipt of Private Disability Benefits and UIM Benefits does not...
The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) was enacted to contain the rising costs of automobile insurance. Cases interpreting §1722 of the MVFRL have held that outside of...
December 21, 2008
Major Changes In Store For The New Jersey Workers’ Compensation Act
We first reported in the July, 2008 issue of “The C&W Journal” that recent public scrutiny had spurred the New Jersey State Senate to pass bills amending key provisions in the Garden State’s...
December 21, 2008
Recent Developments: Certificate Of Merit
Pennsylvania Rule of Civil Procedure 1042.3 requires that a Plaintiff in a professional liability action file a Certificate of Merit verifying that a licensed professional has determined that a...
October 21, 2008
A Glimmer of Hope For Successive Defense Petitions
It is well-known that it is difficult for an employer/carrier to prevail on a Termination Petition. However, the hurdle is even higher when the employer/carrier tried and failed then wants to take...
October 21, 2008
Watch What You Put In Your Claims Notes
Pennsylvania rules applicable to the scope of discovery of an insurance company’s file materials , 42 PA. C.S.A.§4003.3, protects “mental impressions, conclusions or opinions respecting the value...
October 21, 2008
MMI on IRE
The Commonwealth Court has issued a decision with wide ranging consequences to those cases in which an IRE has already been completed or is contemplated. In Combine, the Court ruled that if a...
October 21, 2008
Putative Ownership In Motor Vehicle Insurance Coverage
The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) defines the rights and responsibilities of motor vehicle owners with respect to the purchase and maintenance of motor vehicle...
October 21, 2008
No Duty Rule In Negligence Actions
In the case of Craig v. Amateur Softball Association of America, 951 A.2d 372 (Pa. Super. 2008), the Pennsylvania Superior Court affirmed and refined the common-law “no duty rule.” The “no duty...
October 21, 2008
Improper Venue Vs. Forum Non Conveniens
Venue considerations present thorny legal questions at the beginning of a case. Whether removing a case to federal court or to another county, a change in venue can have a significant impact on...
July 27, 2008
Major Changes Expected For New Jersey Workers’ Compensation Act
Recent public scrutiny over the present workers' compensation system has spurred the New Jersey State Senate to pass a bill amending key provisions in the Garden State’s Workers’ Compensation Act ...
July 27, 2008
A Better Diehl: Controversial Diehl Decision Vacated
On the 12th birthday of Act 57, the Commonwealth Court breathed life back into the Impairment Rating Evaluation (IRE) process that the Act established. The Court vacated its April 28, 2008 Opinion...
July 27, 2008
Self Help: Legal Unilateral Benefit Modification
On many occasions, an injured worker will return to work but refuse to voluntarily sign a Supplemental Agreement to document the status of benefits. The Act provides a form of self-help for these...
July 27, 2008
ATVs Can Be Excluded From Uninsured Motorist Coverage
Yungwurth involves an individual injured while riding as a passenger on an ATV. At the time of the accident, the ATV was not being operated on a public road. The ATV was also not insured. The...
July 27, 2008
Box 4 Denial Back in Play?
In the wake of the Commonwealth Court’s decision in Jordan v. WCAB (Philadelphia Newspapers, Inc.), the box 4 denial appeared to have seen its last days as an effective instrument for the carrier....
May 27, 2008
Commonwealth Court Discusses “Prompt" Requirement For Notice...
The Commonwealth Court clarified the “prompt written notice” requirement regarding a change in a claimant’s medical condition prior to pursing a modification of benefits. “Prompt written notice”...
May 27, 2008
Supreme Court Revisits “Accident” And “Occurrence”
This case addressed whether a homeowner insurer owes liability coverage to the insured parents of their son who shot six people. In affirming the dismissal of the insurer’s coverage action, the...
May 27, 2008
WCJ Allowed To Amend Work Injury On Own Motion
Defendant appealed the Workers' Compensation Judge’s decision denying a termination petition based upon credit medical evidence of an injury beyond that listed on the operative document. The...
May 27, 2008
Regularly Used Non-Owned Vehicle UIM Exclusion Upheld
In Brink, the insured police officer brought an action against his personal automobile insurer to recover underinsured motorist benefits for injuries sustained while the officer was driving a...
May 27, 2008
Bureau Now Requesting LIBC-392A On Some Cases
Although the specifics are not being made public, it appears that the Bureau has quietly started an audit aimed at closing their files on stale cases. In some cases, they are asking adjusters to...
May 27, 2008
A Bad "DIEHL" For Untimely IRE's
In an unexpected and controversial decision, the Commonwealth Court has held that the filing of a Modification Petition, based upon evidence of an impairment rating of less than fifty percent is...