In response to the Pennsylvania Supreme Court’s decision in Vine v. Commonwealth of Pennsylvania, State Employees’ Retirement Board, 607 Pa. 648; 9 A.3d 1150 (2010), the Pennsylvania legislature...

A little known section of Pennsylvania law, the Driveway Immunity Provision, 35 P.S §7210.502 (b)(4)(i) of the Construction Code Act, and 53 P.S.§10508(6) of the Municipalities Planning Code, may...

The Superior Court, in a non-precedential opinion, recently acknowledged the doctrine of intermediate form indemnity.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...

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...

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...

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...

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,...

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...

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,...

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...

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...

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...

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 unilateral Notification of Suspension or Modification was allowed in amendments to the Pennsylvania Workers’ Compensation Act in 1996. It is a very valuable tool for Pennsylvania workers’...

Lovate Health Sciences USA Inc. agreed to settle a class action lawsuit alleging it made false and misleading statements in its labeling and advertising regarding the effectiveness of its...

The Superior Court’s June 6, 2014, decision in Bumbarger v. Peerless Indemnity Insurance Company, 93 A.3d 872 (Pa.Super. 2014)affirmed an order granting summary judgment thereby entitling an...

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...

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...

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...

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...