Insights and analysis from our attorneys
Under the Pennsylvania Workers’ Compensation Act, an employer’s liability to an employee, legal representative, husband or wife, parents, dependents, next of kin, or anyone otherwise entitled to damages for injuries suffered by an employee in the course of employment is limited to the damages provisions as set forth in the Act. However, U.S...
For those who deal in workers’ compensation matters, it is generally thought that a person who is injured while traveling to or from work is not entitled to workers’ compensation benefits. Indeed,...
Simply by being in the workers’ compensation arena allows most everyone involved to have a general understanding of maximum medical improvement (MMI). In Pennsylvania, MMI does not hold as much...
For those of us who practice in the area of professional liability defense, there remains the question of whether to designate a client as an “expert.” This is true whether the defendant is an...
In Pinder v. WCAB (Lucent Technologies), (No. 23 C.D. 2014,) submitted July 18, 2014, the parties were litigating Termination and Review Petitions when the employer requested that the claimant...
In West Virginia, when dealing with an employee who has been injured on the job, it is considered a discriminatory employment practice for an employer to not reinstate the injured employee back to...
The Pennsylvania Supreme Court recently addressed the burden of proof between an employer and a claimant regarding the claimant’s legal eligibility to work under Federal immigration law whenever...
The unilateral Notification of Suspension or Modification was allowed in amendments to the Pennsylvania Workers’ Compensation Act in 1996. It is a very valuable tool for Pennsylvania workers’...
Lovate Health Sciences USA Inc. agreed to settle a class action lawsuit alleging it made false and misleading statements in its labeling and advertising regarding the effectiveness of its...
In two recent decisions from the federal courts in Pennsylvania, the courts further solidified the application of Restatement § 402A, comment k, for claims of strict liability against medical...
The Superior Court’s June 6, 2014, decision in Bumbarger v. Peerless Indemnity Insurance Company, 93 A.3d 872 (Pa.Super. 2014)affirmed an order granting summary judgment thereby entitling an...
Recent developments in the case law promulgated by the Commonwealth Court highlight the importance of an employer regularly issuing LIBC 750, 756, and 760 forms, and puts the onus on the employer...
In a recent decision from the New Jersey Appellate Division, the court determined that the Law Division does not have the authority to transfer the matter to the Workers’ Compensation Division. In...
The Pennsylvania Supreme Court recently reaffirmed the statutory employer defense, resulting in the invalidation of a $1.5 million jury verdict. In Patton v. Worthington Associates, Inc. , 2014 Pa...
On April 29, 2014, the Pennsylvania Supreme Court, in a split decision, handed down the much anticipated opinion of Barrick v. Holy Spirit Hospital , which addresses the discovery of...
In a dramatic shift from precedent, the Pennsylvania Supreme Court in Tooey vs. AK Steel et all., No. 21 WAP 2011, 2013 WL 6150887 (Pa. Nov. 22, 2013), held that the Pennsylvania Workers...
This past January, the United States Supreme Court issued a significant ruling that will limit where companies may be sued for claims that do not relate to business they conduct in a particular...
In a recent ruling, the Supreme Court of Texas provided guidance for contractors, restricting insurers’ attempts to narrow coverage in general liability policies. Prior to the court’s ruling, a...
The plaintiff's bar continues to try novel theories to escape the effects of the United States Supreme Court decision of Pliva v. Mensing . In Mensing , the Supreme Court held that generic drug...
It is a practice many of us are familiar with. It is a common practice with most hospitals. If you have ever undergone a medical test or procedure, or required medical attention, you have likely...
The Commonwealth Court recently addressed a prevalent issue regarding the ramifications of language in Compromise & Release (C&R) agreements on supersedeas fund reimbursement in H.A....
