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 Pennsylvania Supreme Court held that the parents’...

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 Commonwealth Court ruled that §413(a) allows a WCJ to amend...

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 police vehicle. The trial Court, granted insurer's motion...

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 file the Final Statement of Account of Compensation Paid...

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 not the “traditional administrative process”...

• Barlow v. Hamilton – Auto accident Defendant slid on ice into intersection.Plaintiff was partially blinded by sun.Neck, back, and head injuries with $7,000 medical specials.Jury found both Plaintiff and Defendant negligent.Jury awarded $0. ...

In Maxim Crane Work v. WCAB (Solano), the Commonwealth Court restricted an employer’s right to take an offset against a claimant’s workers’ compensation benefits, based on the claimant’s receipt of social security old age benefits. Under the Act, an...

In Linda Davis v. WCAB (Woolworth Corporation), the Commonwealth Court addressed the issue of whether the “mere passage of time” constituted sufficient grounds to require a claimant to submit to an independent medical examination. The employer filed a...

The Pennsylvania Dram Shop Act holds that it is negligence per se to serve a minor with alcohol. However, under Section 495 of the Act, no penalty shall be imposed on the bar if it establishes that the minor was required to produce an identification...

In Schroeder v. DOT, 710 A.2d 23 (Pa. 1998), the Pennsylvania Supreme Court adopted the spoliation of evidence standards set forth in Schmid v. Milwaukee Electric Tool Corporation, 13 F.3d 76 (3rd Circuit Pa. 1994). According to Schmid, the spoliation...

In Sign Innovation v. WCAB (Ayers), the Pennsylvania Commonwealth Court addressed the impact of an Impairment Rating Evaluation (IRE) on the Employer’s attempt to modify a Claimant’s benefits based on earning power or to terminate a Claimant’s...

A recent Commonwealth Court case upheld an award of a 5% penalty for the Defendant/Employer’s failure to timely pay an Order approving a Compromise and Release Agreement. Although the facts of the case are quite unique, the Court ultimately concluded...

The Commonwealth Court rejected the employer’s proposed twist on the Bucks County decision holding that a utilization review determination that treatment is not reasonable and necessary cannot be applied to other providers of the same treatment. Here,...

In Denise Elberson v. WCAB (Elwyn, Inc.), the Commonwealth Court held that an employer’s medical expert witness must first recognize the full and complete description of the work injuries accepted by the employer as compensable in order for the expert...

The Supreme Court addressed the issue of whether auto insurers are required to secure new UI/UM forms on “after acquired vehicles”. Earlier this year, the Supreme Court had held that new forms were required because the new vehicle amounted to a new...

In the matter of Bureau of Workers’ Compensation v. WCAB (U.S. Food Services), the issue before the Commonwealth Court was whether, after the parties entered into a Compromise and Release Agreement resolving all past, present and future liability, a...

This case addressed the issue of whether auto accident claimants may stack UIM/UM coverage under commercial fleet auto policies. The Supreme Court of Pennsylvania unanimously affirmed the Superior Court’s holding that the terms of the Motor Vehicle...

The Commonwealth Court continues to liberally construe what actions off the employer’s premises fall within an employee's course of employment. Here, the Court affirmed the granting of a fatal claim petition even though the motor vehicle accident...

The Pennsylvania Supreme Court in Ash held that causes of action brought under the Pennsylvania bad faith insurance statute, 42 Pa.C.S. 8371, sound primarily in tort. As such, the two-year Statute of Limitations set forth in 42 Pa.C.S. 5524 will apply...

Philadelphia County, Pennsylvania, is considered a notoriously plaintiff friendly forum. Accordingly, plaintiffs clamor to bring lawsuits in Philadelphia County. Petitions contesting the convenience of the forum, however, are routinely denied. If the ...