C&W Journal

January 30, 2015

New Form of Indemnity Identified in Non-Precedential Decision

The Superior Court, in a non-precedential opinion, recently acknowledged the doctrine of intermediate form indemnity. In Bracken v. Burchick , (October 10, 2014), a general contractor entered into a subcontract for masonry work on a construction...

January 30, 2015

Break Time Injuries Still Compensable

Recently the Pennsylvania Workers’ Compensation Appeal Board upheld a case where a claimant who was on his regular shift took a cigarette break while on the premises of the employer and was bitten by a co-worker’s dog; the injury was found to be...

January 30, 2015

State of Product Liability Law Significantly Altered in Pennsylvania

This past November, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex . The court overruled Azzarello v. Black Brothers , yet declined to replace it with the mandates of the Restatement (Third) of Torts...

January 30, 2015

Pennsylvania Supreme Court to Decide Use of Informed Consent...

The issue of whether the Superior Court erred in applying a blanket prohibition of evidence of a plaintiff’sconsent to surgeries and knowledge of the risks associated with the plaintiff’s surgeries in a medical malpractice case will be decided by the...

January 30, 2015

Work Effort and Personal Risk Factors: Making Sense of...

 In Renner v. AT&T (A-71-11) (068744), the petitioner was a telecommuting employee permitted to work from her home three (3) days a week. She worked for AT&T for 25 years. On September 24, 2007, the petitioner was working on a project through the...

January 30, 2015

FDA’s Proposed Labeling Changes: Uncertainty for Claims against...

 In November 13, 2013, the Food and Drug Administration (FDA) released a proposed rule on labeling changes for approved medicines to establish “parity” between Abbreviated New Drug Application (ANDA) and New Drug Application (NDA) sponsors by...

January 30, 2015

Workers’ Compensation “Exclusivity” Provision May Not Be So...

 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...

January 30, 2015

Commonwealth Court Ruling Highlights Exception to “Coming and Going...

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, this is normally the case. A recent Pennsylvania...

November 21, 2014

What Does MMI Really Mean in the Context of Impairment Rating...

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 weight as it does in other states because Pennsylvania is...

November 21, 2014

Can a Defendant in a Professional Liability Case be Asked for His...

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 attorney, doctor, accountant, or any other type of...

November 21, 2014

What to Do When an IRE and Review Petition Cross Paths

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 attend an IRE (impairment rating evaluation). The...

November 21, 2014

No Doctor's Note Necessary- Returning To Work Without a...

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 employee’s pre-injury position when the employee...

September 29, 2014

Supreme Court Weighs in on Employer’s Burden of Proof Regarding...

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 employer seeks to suspend workers’ compensation...

September 28, 2014

Unilateral Suspension or Modification Upon a Return to Work

September 28, 2014

A Warning Regarding the Application of the Cy Pres Doctrine

September 28, 2014

The Changing Face of Pennsylvania’s Strict Liability Claims Against...

September 28, 2014

Superior Court Sides With Insureds on Stacking Issue

July 01, 2014

The Importance of Being Earnest in Sending LIBC Forms

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 rather than on the claimant for reporting receipt of...

July 01, 2014

The Clock Does Not Stop Ticking: NJ Appellate Division Upholds...

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 addition, the filing of a claim in the Law Division...

July 01, 2014

Pennsylvania Supreme Court Reaffirms Statutory Employer Defense

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. Lexis 788, (Pa. 2014), the defendant Worthington...

July 01, 2014

Split Decision Results in Protection of Attorney-Expert Communications

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 communications between attorneys and expert witnesses. As the...

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