C&W Journal

September 30, 2016

Cybersecurity and Data Protection - Today's Test for Higher Education Institutions

University of Connecticut, City College of San Francisco, University of Central Florida, University of Virginia, University of Northern Iowa, Southern New Hampshire University; aside from being institutions of higher education, what do these schools...

July 30, 2016

When Does an IRE Address All Work-Related Injuries?

In Duffey , the Commonwealth Court was presented with the claimant's appeal from the WCAB decision reversing a WCJ's decision that the IRE submitted by the employer was invalid because it did not address mental injuries which the WCJ newly added to...

July 23, 2016

Impairment Rating Evaluation: WCJ Permitted to Reject...

In the case of IA Construction Corporation v. WCAB (Rhodes) , 2016 Pa. LEXIS 1070, the Pennsylvania Supreme Court held that a workers' compensation judge has the authority to reject the uncontradicted opinions of an IRE physician presented in...

July 23, 2016

Ethical Decision Making for Adjusters

Claims adjusters in virtually all jurisdictions are bound by a code of ethics.  Many adjusters are licensed and practice in multiple states and therefore have multiple codes that they must follow.  Violations of any state's ethical standards can...

July 23, 2016

Effort to Have Cooper Interrogatories Propounded Upon Plaintiffs&...

Indeed, the most frequent attack made upon physicians who perform independent medical examinations for defendants is an attack on the doctor's financial profile, i.e., how much money does the doctor earn doing IMEs? ...

July 23, 2016

Commercial Trucking and Employment Law: The "ABCs" of...

Generally speaking, employers do not have to pay unemployment, disability, or social security taxes or workers' compensation premiums for independent contractors.  Under New Jersey law, employers bear the burden of demonstrating that workers are...

July 23, 2016

Abercrombie & Fitch, One Year Later

The Supreme Court decided EEOC v. Abercrombie & Fitch Stores, Inc . one year ago on June 1, 2015.  At the time it was unclear what effect it might have on employers. ...

May 29, 2016

Medical Provider Not Permitted to Intervene After Execution of...

In Peter Schatzberg, DC and Philadelphia Pain Management v. WCAB (Bemis Company, Inc.) , the Pennsylvania Commonwealth Court recently denied a Penalty Petition filed by a medical provider alleging that the employer violated the Workers'...

May 29, 2016

First Amendment Prevails in Off-Label Use Debate

In Amarin Pharmaceutical vs. FDA, a preliminary injunction granted by the Southern District of New York prohibited the FDA from taking action against Amarin over truthful, non-misleading "off-label" statements about its prescription drug Vascepa....

May 28, 2016

Continued Difficulty Exposing "Professional Witnesses"

On April 14, 2016, the Honorable Robert A. Mazzoni of the Lackawanna County Court of Common Pleas granted a Motion for Reconsideration, reversing an earlier decision permitting Cooper interrogatories from being served on a plaintiff's treating...

May 28, 2016

Digging Deep to the Rock: WV Supreme Court Solidifies Arbitration...

In Geological Assessment & Leasing v. O'Hara , 780 S.E.2d 647 (W.Va., 2015), the Supreme Court of Appeals of West Virginia considered three consolidated appeals, each arising out of a circuit court's ruling that a plaintiff's claim that a defendant...

May 28, 2016

Commercial Driving Scores Back on Public Display

On December 4, 2015, President Obama signed into law the Fixing America's Surface Transportation Act (FAST Act), which is the first federal law in more than ten years to provide long-term funding certainty for surface transportation. The FAST Act...

May 28, 2016

The FDA's New Draft Guidance on Cybersecurity

The Food and Drug Administration (FDA) issued a release on January 26, 2016, of draft guidance on postmarket management of cybersecurity in medical devices 1 .  The FDA has made recommendations to address the industry's vulnerabilities.  The...

May 25, 2016

New Jersey Premises Liability Update — Recent Decisions on the...

Anyone familiar with New Jersey's premises liability law is also familiar with the mode-of-operation liability principles applied to cases where a dangerous condition of the property has been shown to arise from the defendant's decision to provide...

March 04, 2016

Heart Attack Case—Circumstantial Evidence of Physical Exertion...

In the case of Robert Dietz (deceased) by Judith Dietz v. WCAB (Lower Bucks County Joint Municipal Authority ), No. 2051 C.D. 2014, 2015 Pa. Commw. LEXIS 532, the Commonwealth Court addressed the burden of proof in a fatal claim heart attack case....

March 04, 2016

Complaints of Cumulative Trauma Constitute a Work Injury

On November 23, 2015, the Commonwealth Court of Pennsylvania held that an employee’s notice to his employer, stating that he was experiencing back pain as a result of cumulative trauma, served as timely notice of a work-related injury. Gahring v....

March 02, 2016

Retroactivity of the 2011 PIP Amendments, a Question of Legislative...

The New Jersey Automobile Insurance Freedom of Choice and Cost Containment Act of 1984, L. 1983, c. 362, provides for a statutory right of recovery of personal injury protection (PIP) benefits paid by an automobile liability carrier. See N.J.S.A ....

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...

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 of Ability to Return to Work, LIBC-757, prior to a...

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 of Robert Miller v. Saker Shoprite . In sum, the...

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 limits pertaining to an insurance policy. ...

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