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C&W Journal

June 27, 2006

Child Support Status And Settling Claims

The Pennsylvania legislature passed Act 109 in summer 2006. Effective September 2006, workers’ compensation judges do not have authority to approve a compromise and release agreement until the claimant has proven either (a) that any child support obligation has been appropriately considered or (b) the claimant is not the subject of a child support...

May 27, 2006

Penalties In Workers’ Compensation

An issue that arises all too often for Employers in a workers’ compensation matter is that of penalties. Section 435 of the Workers’ Compensation Act provides that penalties shall be established...

April 27, 2006

PA Mechanics’ Lien Law

Pennsylvania’s Mechanics’ Lien Law of 1963 (49 P.S.§ 1502(a)(2)) “is a creature of statute in derogation of the common law and any questions of interpretation shall be resolved in favor of a...

April 27, 2006

Contractor Payment Rights

For contractors performing work in Pennsylvania, there are two legal tools available to obtain payment for services rendered. The Contractor and Subcontractor Payment Act (73 Pa.C.S.A.§§ 501-516)...

April 27, 2006

The Doctrine of “Hills and Ridges”

Pennsylvania Courts continue to adhere to the established common law regarding legal duties imposed on landowners. For snow and ice conditions, the Pennsylvania courts apply the Doctrine of “Hills...

March 27, 2006

Apportioning Liability In Workers' Compensation

The issue of apportionment of liability arises when the Claimant sustains multiple injuries with different Employers or different carriers. This situation arises where a Claimant sustains an...

March 27, 2006

Penalty Petition Pitfalls In Pennsylvania

The extensive amendments to the PA Workers’ Compensation Act contained in Act 57 of 1996 created the need for new and/or updated forms or “Bureau documents.” Since passage of the Act, the...

February 27, 2006

“Yellow Freight” And An Untimely Answer

Yellow Freight refers to a line of cases related to the Commonwealth Court’s 1981 Decision in Yellow Freight Sys., Inc. v. WCAB (Madara), 423 A.2d 1125 (Pa. Commw. 1981) that defined the...

February 27, 2006

Workers' Compensation Deadlines

In Pennsylvania workers’ compensation law, there are important deadlines for the defense to be aware of, which apply to both claimants and employers. I’ll start with deadlines that apply to our...

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