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...

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...

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 ...

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...

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...

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...

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....

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”...

This case addressed whether a homeowner insurer owes liability coverage to the insured parents of their son who shot six people. In affirming the dismissal of the insurer’s coverage action, the...

Defendant appealed the Workers' Compensation Judge’s decision denying a termination petition based upon credit medical evidence of an injury beyond that listed on the operative document. The...

In Brink, the insured police officer brought an action against his personal automobile insurer to recover underinsured motorist benefits for injuries sustained while the officer was driving a...

Although the specifics are not being made public, it appears that the Bureau has quietly started an audit aimed at closing their files on stale cases. In some cases, they are asking adjusters to...

In an unexpected and controversial decision, the Commonwealth Court has held that the filing of a Modification Petition, based upon evidence of an impairment rating of less than fifty percent is...

• Barlow v. Hamilton – Auto accident Defendant slid on ice into intersection.Plaintiff was partially blinded by sun.Neck, back, and head injuries with $7,000 medical specials.Jury found both...

In Maxim Crane Work v. WCAB (Solano), the Commonwealth Court restricted an employer’s right to take an offset against a claimant’s workers’ compensation benefits, based on the claimant’s receipt...

In Linda Davis v. WCAB (Woolworth Corporation), the Commonwealth Court addressed the issue of whether the “mere passage of time” constituted sufficient grounds to require a claimant to submit to...

The Pennsylvania Dram Shop Act holds that it is negligence per se to serve a minor with alcohol. However, under Section 495 of the Act, no penalty shall be imposed on the bar if it establishes...

In Schroeder v. DOT, 710 A.2d 23 (Pa. 1998), the Pennsylvania Supreme Court adopted the spoliation of evidence standards set forth in Schmid v. Milwaukee Electric Tool Corporation, 13 F.3d 76 (3rd...

In Sign Innovation v. WCAB (Ayers), the Pennsylvania Commonwealth Court addressed the impact of an Impairment Rating Evaluation (IRE) on the Employer’s attempt to modify a Claimant’s benefits...

A recent Commonwealth Court case upheld an award of a 5% penalty for the Defendant/Employer’s failure to timely pay an Order approving a Compromise and Release Agreement. Although the facts of the...