C&W Journal

November 21, 2014

What to Do When an IRE and Review Petition Cross Paths

In Pinder v. WCAB (Lucent Technologies), (No. 23 C.D. 2014,) submitted July 18, 2014, the parties were litigating Termination and Review Petitions when the employer requested that the claimant attend an IRE (impairment rating evaluation). The claimant attended the IRE during the pendency of the litigation on the aforementioned petitions...

November 21, 2014

No Doctor's Note Necessary- Returning To Work Without a...

In West Virginia, when dealing with an employee who has been injured on the job, it is considered a discriminatory employment practice for an employer to not reinstate the injured employee back to...

September 29, 2014

Supreme Court Weighs in on Employer’s Burden of Proof Regarding...

The Pennsylvania Supreme Court recently addressed the burden of proof between an employer and a claimant regarding the claimant’s legal eligibility to work under Federal immigration law whenever...

September 28, 2014

Unilateral Suspension or Modification Upon a Return to Work

The unilateral Notification of Suspension or Modification was allowed in amendments to the Pennsylvania Workers’ Compensation Act in 1996. It is a very valuable tool for Pennsylvania workers’...

September 28, 2014

A Warning Regarding the Application of the Cy Pres Doctrine

Lovate Health Sciences USA Inc. agreed to settle a class action lawsuit alleging it made false and misleading statements in its labeling and advertising regarding the effectiveness of its...

September 28, 2014

The Changing Face of Pennsylvania’s Strict Liability Claims Against...

In two recent decisions from the federal courts in Pennsylvania, the courts further solidified the application of Restatement § 402A, comment k, for claims of strict liability against medical...

September 28, 2014

Superior Court Sides With Insureds on Stacking Issue

The Superior Court’s June 6, 2014, decision in Bumbarger v. Peerless Indemnity Insurance Company, 93 A.3d 872 (Pa.Super. 2014)affirmed an order granting summary judgment thereby entitling an...

July 01, 2014

The Importance of Being Earnest in Sending LIBC Forms

Recent developments in the case law promulgated by the Commonwealth Court highlight the importance of an employer regularly issuing LIBC 750, 756, and 760 forms, and puts the onus on the employer...

July 01, 2014

The Clock Does Not Stop Ticking: NJ Appellate Division Upholds...

In a recent decision from the New Jersey Appellate Division, the court determined that the Law Division does not have the authority to transfer the matter to the Workers’ Compensation Division. In...

July 01, 2014

Pennsylvania Supreme Court Reaffirms Statutory Employer Defense

The Pennsylvania Supreme Court recently reaffirmed the statutory employer defense, resulting in the invalidation of a $1.5 million jury verdict. In Patton v. Worthington Associates, Inc. , 2014 Pa...

July 01, 2014

Split Decision Results in Protection of Attorney-Expert Communications

On April 29, 2014, the Pennsylvania Supreme Court, in a split decision, handed down the much anticipated opinion of Barrick v. Holy Spirit Hospital , which addresses the discovery of...

May 28, 2014

Employers Now Subject to Civil Liability for Latent Occupational...

In a dramatic shift from precedent, the Pennsylvania Supreme Court in Tooey vs. AK Steel et all., No. 21 WAP 2011, 2013 WL 6150887 (Pa. Nov. 22, 2013), held that the Pennsylvania Workers...

May 28, 2014

Supreme Court Makes It More Difficult To Sue Companies in Any...

This past January, the United States Supreme Court issued a significant ruling that will limit where companies may be sued for claims that do not relate to business they conduct in a particular...

May 28, 2014

Contractual Liability Exclusion Trivialized by Texas Court

In a recent ruling, the Supreme Court of Texas provided guidance for contractors, restricting insurers’ attempts to narrow coverage in general liability policies. Prior to the court’s ruling, a...

May 28, 2014

Innovator Liability Possible on the Rise

The plaintiff's bar continues to try novel theories to escape the effects of the United States Supreme Court decision of Pliva v. Mensing . In Mensing , the Supreme Court held that generic drug...

May 28, 2014

Phantom Expenses: A Plaintiff’s Ability to Recover Medical Bill...

It is a practice many of us are familiar with. It is a common practice with most hospitals. If you have ever undergone a medical test or procedure, or required medical attention, you have likely...

March 06, 2014

Will Language in Your C&R Agreement Prevent You from Obtaining...

The Commonwealth Court recently addressed a prevalent issue regarding the ramifications of language in Compromise & Release (C&R) agreements on supersedeas fund reimbursement in H.A....

March 06, 2014

Compensable by a Foot; NJ Appellate Division Affirms WC Court’s...

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...

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...

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