The Claimant sustained disfigurement of her neck as is typical of anterior cervical surgeries and was awarded 22 weeks for disfigurement by the Workers' Compensation Judge. On appeal to the Workers' Compensation Appeal Board, the Claimant sought a larger award on the theory that the WCJ’s award of 22 weeks was outside the range most WCJ’s would...
Insights and analysis from our attorneys
C&W Journal
April 03, 2009
Cost Of Cervical Surgery Scars On The Rise
December 21, 2008
Feds Pass Consumer Product Safety Improvement Act Of 2008
On August 14, 2008, President Bush signed into law The Consumer Product Safety Improvement Act of 2008. The bill, which was presented and passed due in large part to the rash of children's toy...
December 21, 2008
Changes To The Americans With Disabilities Act
On September 25, 2008, President Bush signed the Americans with Disabilities Act Amendments of 2008 (“ADAA”). These new provisions to the Americans with Disabilities Act (“ADA”) will take effect...
December 21, 2008
Questions And Answers About PA’s New Medical Assistance Third-Party...
1. When is the new law effective? ANSWER: Act 2008-44 applies to lawsuits filed on or after September 2, 2008. 2. What changes are contained in the new law? ANSWER: There are two major changes....
December 21, 2008
Horseplay in the Workplace
The Claimant filed a Claim Petition alleging he sustained an injury in the course and scope of his employment. In support of his Petition, he testified that while he was walking in the Employer’s...
December 21, 2008
Claimant Must Provide Expert Testimony To Establish Disability
The Commonwealth Court in Albert Einstein Healthcare v. WCAB (Stanford), has addressed the burden of proof required from Claimant to establish disability for periods prior to their medical experts...
December 21, 2008
Receipt of Private Disability Benefits and UIM Benefits does not...
The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) was enacted to contain the rising costs of automobile insurance. Cases interpreting §1722 of the MVFRL have held that outside of...
December 21, 2008
Major Changes In Store For The New Jersey Workers’ Compensation Act
We first reported in the July, 2008 issue of “The C&W Journal” that recent public scrutiny had spurred the New Jersey State Senate to pass bills amending key provisions in the Garden State’s...
December 21, 2008
Recent Developments: Certificate Of Merit
Pennsylvania Rule of Civil Procedure 1042.3 requires that a Plaintiff in a professional liability action file a Certificate of Merit verifying that a licensed professional has determined that a...
October 21, 2008
A Glimmer of Hope For Successive Defense Petitions
It is well-known that it is difficult for an employer/carrier to prevail on a Termination Petition. However, the hurdle is even higher when the employer/carrier tried and failed then wants to take...
October 21, 2008
Watch What You Put In Your Claims Notes
Pennsylvania rules applicable to the scope of discovery of an insurance company’s file materials , 42 PA. C.S.A.§4003.3, protects “mental impressions, conclusions or opinions respecting the value...
October 21, 2008
MMI on IRE
The Commonwealth Court has issued a decision with wide ranging consequences to those cases in which an IRE has already been completed or is contemplated. In Combine, the Court ruled that if a...
October 21, 2008
Putative Ownership In Motor Vehicle Insurance Coverage
The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) defines the rights and responsibilities of motor vehicle owners with respect to the purchase and maintenance of motor vehicle...
October 21, 2008
No Duty Rule In Negligence Actions
In the case of Craig v. Amateur Softball Association of America, 951 A.2d 372 (Pa. Super. 2008), the Pennsylvania Superior Court affirmed and refined the common-law “no duty rule.” The “no duty...
October 21, 2008
Improper Venue Vs. Forum Non Conveniens
Venue considerations present thorny legal questions at the beginning of a case. Whether removing a case to federal court or to another county, a change in venue can have a significant impact on...
July 27, 2008
Major Changes Expected For New Jersey Workers’ Compensation Act
Recent public scrutiny over the present workers' compensation system has spurred the New Jersey State Senate to pass a bill amending key provisions in the Garden State’s Workers’ Compensation Act ...
July 27, 2008
A Better Diehl: Controversial Diehl Decision Vacated
On the 12th birthday of Act 57, the Commonwealth Court breathed life back into the Impairment Rating Evaluation (IRE) process that the Act established. The Court vacated its April 28, 2008 Opinion...
July 27, 2008
Self Help: Legal Unilateral Benefit Modification
On many occasions, an injured worker will return to work but refuse to voluntarily sign a Supplemental Agreement to document the status of benefits. The Act provides a form of self-help for these...
July 27, 2008
ATVs Can Be Excluded From Uninsured Motorist Coverage
Yungwurth involves an individual injured while riding as a passenger on an ATV. At the time of the accident, the ATV was not being operated on a public road. The ATV was also not insured. The...
July 27, 2008
Box 4 Denial Back in Play?
In the wake of the Commonwealth Court’s decision in Jordan v. WCAB (Philadelphia Newspapers, Inc.), the box 4 denial appeared to have seen its last days as an effective instrument for the carrier....
May 27, 2008
Commonwealth Court Discusses “Prompt" Requirement For Notice...
The Commonwealth Court clarified the “prompt written notice” requirement regarding a change in a claimant’s medical condition prior to pursing a modification of benefits. “Prompt written notice”...