C&W Journal

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 reasoning behind this antiquated rule was expressed in ...

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, Modification, and/or Suspension Petitions. Section 306(b)...

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. The IRE provides a mechanism for adjusting a claimant’s...

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 assumed by a claimant’s counsel that the employer is...

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 trial court’s grant of a customer’s motion for relief...

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 forfeits insurance coverage by settling a tort claim...

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 application must pay the liability claims of innocent third...

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 a medical examination called an Impairment Rating...

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 complaint. ...

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 for a new trial. The underlying case arose from a...

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. ...

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 letter from defense counsel to the IME physician is not...

September 28, 2015

A Statutory Interpretation That Limits First Party Medical Benefits

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 medical products. ...

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 score big off of the threat of identity theft and fraud...

July 29, 2015

New Area for an Award of Penalties—Mandatory Mediations?

July 29, 2015

Superior Court Holds that Specific Allegations of Agency Are Not...

July 29, 2015

Sweeping Pennsylvania Child Protective Services Law Changes

Pennsylvania’s Child Protective Services Law (CPSL) was amended in 2014 to include substantive changes to the requirements for the mandatory reporting of child abuse and neglect. The new law became effective December 31, 2014. ...

July 29, 2015

New Jersey Insurance Coverage Update

Plaintiff Robert Occhifinto (Occhifinto) filed suit against defendant Robert S. Keppler Mason Contractors, LLC (Keppler) and others, seeking damages for alleged defective construction of an addition to his warehouse (the liability action). He claimed...

July 29, 2015

Potential Spoliation of Evidence Sufficient to Defeat Defendant’s...

In Rodriquez v. Kravco Simon Company, A.2d, 2015 Pa. Super. 41 (2015), the Superior Court reversed the trial court’s decision granting summary judgment in favor of the defendant property owner in a slip and fall case. The property owner had...

May 13, 2015

Finally… Prescription Reimbursement Reform

Before leaving office, Governor Tom Corbett signed Act 184 (previously House Bill 1846) on October 27, 2014, which took effect December 26, 2014. Act 184 includes a number of provisions regarding physician-prescribed medications/controlled substances...

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