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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...