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...

The Commonwealth Court rejected the employer’s proposed twist on the Bucks County decision holding that a utilization review determination that treatment is not reasonable and necessary cannot be...

In Denise Elberson v. WCAB (Elwyn, Inc.), the Commonwealth Court held that an employer’s medical expert witness must first recognize the full and complete description of the work injuries accepted...

The Supreme Court addressed the issue of whether auto insurers are required to secure new UI/UM forms on “after acquired vehicles”. Earlier this year, the Supreme Court had held that new forms...

In the matter of Bureau of Workers’ Compensation v. WCAB (U.S. Food Services), the issue before the Commonwealth Court was whether, after the parties entered into a Compromise and Release...

This case addressed the issue of whether auto accident claimants may stack UIM/UM coverage under commercial fleet auto policies. The Supreme Court of Pennsylvania unanimously affirmed the Superior...

The Commonwealth Court continues to liberally construe what actions off the employer’s premises fall within an employee's course of employment. Here, the Court affirmed the granting of a fatal...

The Pennsylvania Supreme Court in Ash held that causes of action brought under the Pennsylvania bad faith insurance statute, 42 Pa.C.S. 8371, sound primarily in tort. As such, the two-year Statute...

Philadelphia County, Pennsylvania, is considered a notoriously plaintiff friendly forum. Accordingly, plaintiffs clamor to bring lawsuits in Philadelphia County. Petitions contesting the...

If a Plaintiff has selected limited tort coverage, he or she is precluded from recovering non-economic damage in a subsequent lawsuit pursuant to the PA Motor Vehicle Financial Responsibility Law ...

In Wagner, a CDL driver appealed a one-year CDL disqualification after accepting Accelerated Rehabilitative Disposition ("ARD") for a DUI charge received while operating his personal vehicle....

Owner hired general contractor, Thermal C/M, to construct an addition to its facility. In turn, Thermal C/M contracted with Refrigeration Design and Services (RDS) to provide refrigeration...

In Galizia v. WCAB (Woodloch Pines, Inc.), the PA Commonwealth Court provided an important decision on the time limitations for a valid revocation of a Notice of Temporary Compensation Payable,...

In this case, the Claimant provided a prescription from her treating physician for massage therapy treatment. The employer stipulated that the treatments were causally related to the Claimant's...

A common exception to the hearsay rule is an admission of a party. An admission of an employee may be admissible against an employer, provided that the admission was made within the scope of the...

The Notice of Temporary Compensation Payable has been revised to include an optional checkbox for medical only cases. Additionally, the reverse page now includes an area for remarks, similar to a...

One of the hottest areas in the law concerns Pennsylvania Rule of Civil Procedure 1042.1 through 1042.8 – Certificates of Merit in Professional Liability Actions. There can be dire consequences...

The amendments to the Code appear to respond to recent arguments by the claimant’s bar that a job cannot be deemed available if the claimant was not made aware of the position. While that argument...

Most slip and fall cases hinge on general principles of premises liability. In Pennsylvania, it is well settled that the Restatement (2nd) of Torts § 343 controls premises liability claims. Our...

Although a prospective Utilization Review (UR) Determination was partially favorable to the employer, it was held to be invalid because the claimant had not treated with the named provider for...