C&W Journal

March 02, 2016

Touhy Regulations in Malpractice Actions

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. During these investigations, inspectors interview healthcare providers, review medical records, and produce an internal investigation report which is used...

January 06, 2016

More Flexibility Established in the Requirement to Send a Notice of...

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...

January 06, 2016

NJ Appellate Division Update: Off-Duty Employee’s Trip to Cash...

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...

January 06, 2016

Pennsylvania Insurers: Keep Your Original “Sign-Down” Waivers or...

In Schoenberg vs. State Farm , CCP Lackawanna County, No. 2012-CV-5005, the Honorable Carmen D. Minora denied the defendant’s Motion for Summary Judgment on the issue of the amount of UM/UIM...

January 06, 2016

Negligence Concepts in Strict Liability: No Longer a Small-Town...

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...

January 06, 2016

Cyber Security Vulnerabilities: Is Your Medical Device At Risk?

Cyber security incidents typically involve the disclosure of financial data or protected health information (PHI). On July 31, 2015, The U.S. Food and Drug Administration (FDA) issued an alert to...

January 06, 2016

Minors Now Have an Independent Right to Recover Medical Expenses

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...

November 28, 2015

Exception to Requirement of Notice of Ability to Return to Work ...

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,...

November 28, 2015

Pennsylvania Commonwealth Court Declares IRE Statute Unconstitutional

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....

November 28, 2015

Authorized Knee Repair Does Not Automatically Create Compensability...

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...

November 28, 2015

Not So Fast!—West Virginia Supreme Court Takes “Final” Out of Final...

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...

November 28, 2015

Reservation of Rights Does Not Reserve Insurer’s Right to Consent...

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...

November 28, 2015

NJ Supreme Court Considers the Limits of Liability Coverage Owed to...

In a matter handled by attorneys other than those at Cipriani & Werner, the New Jersey Supreme Court considered to what extent the issuer of a basic automobile policy voided due to fraudulent...

September 28, 2015

Imminent Surgery Does Not Mean That a Claimant Has Not Reached...

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...

September 28, 2015

Plead First; Discovery Second

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...

September 28, 2015

Informed Consent Deemed Irrelevant in Certain Cases

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...

September 28, 2015

What Has the NJ Legislature Been Up to Lately?

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...

September 28, 2015

IME Letters and Specific Questions to Be Answered

In a recent case, the question of whether the IME (Independent Medical Evaluation) letter asking specific questions is discoverable by the claimant’s counsel came about. As you may know, the IME...

September 28, 2015

A Statutory Interpretation That Limits First Party Medical Benefits

On May 27, 2015, The Honorable Robert J. Mellon granted a summary judgment motion in the matter of Piszel, D.C. d/b/a Graham Chiropractic vs. Erie Insurance Exchange , No. 2013-09740. An Erie...

September 28, 2015

No Strict Liability for Prescription Medical Products in Pennsylvania

Two recent decisions from the Pennsylvania district courts hope to (finally) clarify what several judges have held for years: Pennsylvania courts do not recognize strict liability for prescription...

September 28, 2015

Redefining “Injury”—One Giant Step for Cyber Breach Plaintiffs

Class action suits over stolen customer information were quickly becoming the next big thing in litigation. Companies, including Target, were in the crosshairs of plaintiffs’ attorneys hoping to...

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