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...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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...

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...