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Law Alerts July 1, 2010
The claimant sustained a low back injury on May 21, 2008, which was accepted as compensable by the employer. The claimant was paid compensation for total disability and certain medical expenses. Eventually, after failing conservative care, the...
Law Alerts July 1, 2010
The insured sued the insurer for failing to pay personal injury protection (PIP) benefits after she was injured in a motor vehicle accident. The issue on appeal to the Florida Supreme Court was whether the pre-suit provision of Fla. Stat. § 627.736(..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
In this case, the Commonwealth Court reinforced the recent Supreme Court decision in Cinram Manufacturing, Inc. v. WCAB (Hill), 975 A.2d 577 (Pa. 2009), that a workers' compensation judge may expand the scope of the accepted injury without a claim...
Law Alerts July 1, 2010
An inspector for the Authority encountered one of the cab company's taxicabs while it was dropping off a passenger and noted that the inspection sticker had expired, both front tires were bald, and the right rear door was missing its rubber gasket...., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
Following an automobile accident, the insured-driver received income-loss benefits under a group plan, paid by his employer, and benefits under two personal disability policies that were purchased privately. Later, the insured-driver sought to..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
This case involved the interpretation of Sections 512(c) and (e) of the MCARE Act regarding standard of care testimony in a medical malpractice matter. Relying on dicta in Gbur v. Golio, 963 A.2d 443, 452 (Pa. 2009), the Pennsylvania Supreme Court..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
In Lewis, the City of Chicago administered a written examination in 1995 to applicants seeking firefighter positions. Following the examination, the city announced that it would randomly select candidates that it deemed "well qualified,"..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
This action arises out of a personal injury claim for sustained injuries. The trucking company constructed an obstacle course for a demolition derby-type rough competition at a fair hosted by the agricultural society. The family members filed suit..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
The Supreme Court of Florida found that the economic loss rule does not preclude an action by fishermen against polluters who damaged the fishing industry in Tampa Bay. Further, the Court found that the polluters owed a special duty of care to the..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
Since the decisions in Schenck v. WCAB (Ford Electronics), 937 A.2d 1156 (Pa. Cmwlth. 2007), and Bucks County Community College v. WCAB (Nemes), 918 A.2d 150 (Pa. Cmwlth. 2007), employers have been faced with the challenge that a utilization review...

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