C&W Journal

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...

May 28, 2014

Employers Now Subject to Civil Liability for Latent Occupational...

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 Compensation Act does not insulate employers from civil...

May 28, 2014

Supreme Court Makes It More Difficult To Sue Companies in Any...

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 state. ...

May 28, 2014

Contractual Liability Exclusion Trivialized by Texas Court

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 contractor’s general liability policy would commonly...

May 28, 2014

Innovator Liability Possible on the Rise

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 manufacturers are immune from liability as long as...

May 28, 2014

Phantom Expenses: A Plaintiff’s Ability to Recover Medical Bill...

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 experienced it firsthand.  We are referring to the...

March 06, 2014

Will Language in Your C&R Agreement Prevent You from Obtaining...

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. Harper Sons, Inc. v. WCAB. ...

March 06, 2014

Compensable by a Foot; NJ Appellate Division Affirms WC Court’s...

How far can the NJ WC Courts stretch the so-called “premises rule” of compensability? Based upon a recent decision of the New Jersey Appellate Division, this rule can be pushed pretty far in favor of an injured claimant. In the recent unpublished NJ...

March 06, 2014

Benevolent Gesture Professional Liability Act Signed Into Law

On October 22, 2013, Pennsylvania Governor Thomas Corbett signed into law the Benevolent Gesture Medical Professional Liability Act. This law allows health care providers to make benevolent gestures to patients, a patient’s relatives, or a patient’s...

March 06, 2014

Lack of Supreme Court Agreement Leads to Insurance Coverage for...

The Supreme Court of Pennsylvania recently split down the middle, 3-3, in the appeal of Lipsky v. State Farm , leading to the affirmance of the Superior Court’s ruling that a claim for negligent infliction of emotional distress (NIED) constitutes...

March 06, 2014

UIM Carrier Entitled to Set Off Amounts Paid By All Tortfeasors

In AAA Mid-Atlantic Ins. Co. v. Ryan , decided on January 21, 2014, the Pennsylvania Supreme Court addressed the issue of whether, under an insurance policy for UIM coverage, the amount of an insured’s recovery may be offset by the amount of all...

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