The decedent was fatally struck by a drunk driver while walking on an employer owned public sidewalk from the parking lot to his check-in station nearly 30 minutes before the employee's shift was to begin. In the ensuing fatal claim litigation, the employer challenged the work-relatedness of the claimant's death. The Court granted the fatal claim...
Insights and analysis from our attorneys
C&W Journal
March 27, 2007
Broad Interpretation Of Course Of Employment
March 27, 2007
Positive IRE Does Not Preclude Termination
In denying a termination petition for credibility reasons, the judge ordered the employer to pay counsel fees for unreasonable contest. The Board reversed, ruling that the employer’s evidence...
March 27, 2007
New Federal Electronic Discovery Rules
On December 1, 2006, amendments to the Federal Rules of Civil Procedure went into effect regarding “electronically stored information.” The amendments require that electronic information must be...
March 27, 2007
New Laws: Use Headlights And Remove Snow
Two new laws recently went into effect in Pennsylvania for the winter driving season. The first new law requires the driver of a motor vehicle to use headlights if the windshield wipers are in use...
March 27, 2007
Blind Employees' Cane Is A Known And Obvious Danger
The Pennsylvania Superior Court has determined that a retail store had no duty to warn a patron of the known and obvious dangers posed by the cane of a blind employee. In Campisi v. Acme Markets,...
November 27, 2006
Act 169 And The Health Care Power Of Attorney
In November 2006 the Legislature passed and the Governor signed Act 169 to create a new statutory basis for Advanced Directives for Health Care. Advanced Directives include Health Care Powers of...
November 27, 2006
Act 147 Amends The Workers' Compensation Act
House Bill 2738 (now Act 147) was signed by the Governor on November 9, 2006 resulting in several substantive procedural changes to Pennsylvania Workers' Compensation law. The purpose of the new...
October 27, 2006
No-Fault Divorce Property Distribution
A divorce action may be filed in Pennsylvania so long as one of the spouses has been a resident of Pennsylvania for at least six (6) months immediately prior to commencement of an action. To...
October 27, 2006
When Is A Denial Not A Denial?
Answer: In nearly every option available on the “Notice of Workers’ Compensation Denial (LIBC 496)”. As the practice of workers’ compensation has evolved over the last 10-15 years, one cannot help...
October 27, 2006
Separation And Child Custody
Custody means the legal right to keep, control, guard, care for and preserve a child and includes “legal custody” and “physical custody.” (1) Legal custody is the right to make major decisions...
October 27, 2006
Child Support Obligations
The law requires parents to provide support for their children who are unemancipated and eighteen (18) years of age and younger. Additionally, unique circumstances may require a parent to provide...
September 27, 2006
Benefit Of Self-Employment Income Slices Both Ways
The long-standing procedure of including self-employment earnings when calculating a claimant's entitlement to partial benefits is not proper, except for earnings from the self-employment job...
September 27, 2006
Medicare Lightens Up
CMS has amended its stated threshold for determining which case settlements to review to confirm that Medicare’s interests are protected. Medicare approval of settlements was previously required...
September 27, 2006
Police Report Needed For Uninsured Motorist Benefits
The policy issued by State Farm and, more importantly, the Motor Vehicle Financial Responsibility Law (MVFRL) required the filing of a police report when an accident occurs and the insured files a...
September 27, 2006
Liability For Fall On Black Ice Colored By Human Intervention
The trial court granted a nonsuit based upon the doctrine of “Hills and Ridges” based upon testimony that the plaintiff fell on black ice because there was no evidence of human interference in the...
September 27, 2006
Pre-Bid Investigation: Kilbuck Landslide
On September 19, 2006, a massive landslide occurred at a shopping plaza construction site in Kilbuck Township, PA that led to the shutdown of busy traffic and rail arteries. The development was...
August 27, 2006
Layoffs Lower Wage Calculations
Whenever possible, the claimant’s earnings history is to be the basis of their wage calculation. Calculating wages upon anticipated earnings is speculative and, in cases in which the claimant is...
July 27, 2006
Business Continuity Planning
Like many of your clients, you may be a small business owner. We understand your problems and concerns, for we operate a small business, also. In the rush and stress of daily management, it is...
July 27, 2006
Guiding Your Family Through Difficult Transitions
We are often asked, “Do I need an estate plan?” or “Do I need a will?” These questions are like asking if you need a 2005 Honda Accord with a satellite radio receiver. You have assumed that you...
June 27, 2006
Medicare's Effect on a Compromise and Release
Historically, workers’ compensation settlements essentially allowed a claimant to double dip. The cost of a claimant’s future medical exposure was taken into consideration when negotiating the...
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...