C&W Journal

March 06, 2014

Compensable by a Foot; NJ Appellate Division Affirms WC Court’s Decision of Compensability

How far can the NJ WC Courts stretch the so-called “premises rule” of compensability? Based upon a recent decision of the New Jersey Appellate Division, this rule can be pushed pretty far in favor of an injured claimant. In the recent unpublished NJ Appellate Division opinion of Burdette v. Harrah’s Atlantic City , the court affirmed the Court of...

March 06, 2014

Benevolent Gesture Professional Liability Act Signed Into Law

On October 22, 2013, Pennsylvania Governor Thomas Corbett signed into law the Benevolent Gesture Medical Professional Liability Act. This law allows health care providers to make benevolent...

March 06, 2014

Lack of Supreme Court Agreement Leads to Insurance Coverage for...

The Supreme Court of Pennsylvania recently split down the middle, 3-3, in the appeal of Lipsky v. State Farm , leading to the affirmance of the Superior Court’s ruling that a claim for negligent...

March 06, 2014

UIM Carrier Entitled to Set Off Amounts Paid By All Tortfeasors

In AAA Mid-Atlantic Ins. Co. v. Ryan , decided on January 21, 2014, the Pennsylvania Supreme Court addressed the issue of whether, under an insurance policy for UIM coverage, the amount of an...

February 19, 2014

Governmental Auditors are Not Subject to a Right-to-Know Request

January 30, 2014

Death Knell for Labor Market Surveys

Appeal to the Supreme Court from the Order and Opinion of the Commonwealth Court entered on June 30, 2010, reversing the Order of the Workers’ Compensation Appeal Board entered on October 14, 2009...

January 30, 2014

Pennsylvania Supreme Court Set to Decide Critical Products...

As 2013 came to a close, the Pennsylvania Supreme Court set the landscape for product liability litigation for years to come. In Tincher v. Omegaflex (No. 17 MAP 2013), the Pennsylvania Supreme...

January 30, 2014

Attorney’s Fees—Potential for Larger Costs to Insured Under ADA

Attorney’s fees are an often overlooked, but significant part of any suit brought under the Americans with Disabilities Act (ADA). Under the Civil Rights Attorney’s Fees Awards Act of 1976, the ...

January 30, 2014

Updated AAA Appellate Arbitration Rules

While parties may have historically agreed to some form of an appellate arbitration process, the American Arbitration Association has recently standardized the process by creating the optional...

October 30, 2013

Understanding Contractors’ Real Exposure Potential Under a...

Shale drilling is a lucrative, but risky business for land and rights owners, drilling companies, and all other companies that share responsibility for on-site operations. When great risks are...

October 30, 2013

The New Age of WCAIS

September 9, 2013, marked the start of the New Age of WCAIS in the world of Pennsylvania Workers’ Compensation practice. “WCAIS” stands for Workers’ Compensation Automation and Integration System....

October 30, 2013

Fiduciaries Beware: Breach of Duty Can Lead to Personal Exposure

As the nation’s baby boomers continue to get older, more and more people will undertake the role of a fiduciary. This may be as an agent appointed through a power of attorney as an executor or...

October 30, 2013

Use of GPS Devices and Punitive Damages—the Devil is in the Details

In a recent issue of first impression in Pennsylvania, Judge Terrence R. Nealon of the Court of Common Pleas of Lackawanna County examined the availability of punitive damages in cases involving...

September 04, 2013

Text Senders Face Possible Liability for New Jersey Motor Vehicle...

In an apparent first-of-its-kind decision in the nation, a New Jersey appellate court has held that the sender of a text can share in liability if the person knows or has special reason to know...

September 04, 2013

Supersedeas Fund Reimbursement: What Constitutes Recoverable...

Under the Pennsylvania Workers’ Compensation Act, employers may request supersedeas in conjunction with Petitions to Terminate, Suspend, and Modify an employee’s benefits. In cases in which...

September 04, 2013

Civil Actions Under the Pennsylvania Wiretapping Act

Cipriani & Werner recently handled the defense of a lawsuit seeking civil damages under the Pennsylvania Wiretapping and Electronic Surveillance Act. Under Pennsylvania’s Wiretapping Act, it...

September 04, 2013

Pennsylvania Workers Compensation Medical Fee Review

When an injured worker receives medical treatment in Pennsylvania the medical providers are subject to sections of the Pennsylvania Workers’ Compensation Act [Act] andMedical Cost Containment...

September 04, 2013

Commonwealth Court Upholds Statutory Damages Cap for Governmental...

In Zauflik v. Pennsbury Sch. Dist. , 2013 Pa. Commw. LEXIS 233, the Commonwealth Court of Pennsylvania upheld the $500,000 statutory cap on damage awards against governmental entities, finding the...

September 04, 2013

Recent Decision Shifts Burden for Retirees to Employer

The recent PA Supreme Court holding in City of Pittsburgh & UPMC Benefits Management Services, Inc. v. WCAB (Robinson) , 18 WAP 2011, which was decided on March 25, 2013, appears to have...

September 04, 2013

The Path Not Taken (Before) - Consent to Settle

The Superior Court, in the recent decision of The Babcock & Wilcox Co. v. American Nuclear Insurers , 2013 PA Super. 174 (July 10, 2013), created a new option for insureds who are offered by...

June 28, 2013

Unclaimed Property—the Cost of “Found” Money

Many companies are not aware that, after a period of years, which varies depending on the type of obligation involved, certain monies, including uncashed payroll and vendor checks, credit or gift...

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