Publications
Penalties not payable when underlying claims between claimant and employer are settled by C&R Agreement without an admission of liability, with no finding that the injury was work-related and no provision for payment of medical expenses.
After the Compromise and Release Agreement (C&R) between the claimant and the employer was approved, the provider filed a penalty petition, alleging the employer violated the Act by resolving the case by C&R without giving the provider not
Case Law Alerts, 3rd Quarter, July 2016
Employee’s injury, sustained in the employer’s parking lot while walking to his car to go home for a personal emergency, was not compensable in that it did not constitute an exception to the coming and going rule.
The Commonwealth Court concludes that the claimant failed to present evidence establishing that his injury was caused by a condition of the employer’s premises or the operation of the employer’s business thereon.
Case Law Alerts, 3rd Quarter, July 2016
Claimant is not entitled to payment of wage loss and medical benefits from the Uninsured Employers Guaranty Fund until notice to the Fund is given by the claimant.
After learning the employer did not have workers’ compensation insurance, the claimant filed a notice of claim against the Uninsured Employers Guaranty Fund (Fund), and he later filed a claim petition against the Fund.
Case Law Alerts, 3rd Quarter, July 2016
Ohio Appellate Court Upholds the Use of the Affordable Care Act to Substantially Reduce a Jury’s Award of Future Damages
Lawyers handling catastrophic injury cases have closely followed the emerging body of case law regarding the impact, if any, of the Affordable Care Act (ACA) on claims for future damages.
Charitable Immunity Act does not apply to YMCA.
This was the YMCA’s second attempt for summary judgment. The first was based on waiver. This time, the YMCA argued that is was a charitable organization within the Charitable Immunity Act.
Case Law Alerts, 2nd Quarter, April 1, 2016
Error of Mode of Operation charge only appropriate in narrow circumstances of self-service.
A daily golfer at a club suffered severe injuries when he tripped over a chunk of concrete that remained after a sign was removed. Testimony demonstrated the general manager’s knowledge of the condition and that it needed to be addressed.
Case Law Alerts, 2nd Quarter, April 1, 2016
Township’s failure to fill in a hole on a soccer field is not “palpably unreasonable” to reverse summary judgment.
The plaintiff appealed the granting of the defendant’s summary judgment. Her daughter’s sneaker got caught in a hole on a grassy hill leading to a soccer field.
Case Law Alerts, 2nd Quarter, April 1, 2016
Admiralty cases pursuant to 28 U.S.C. § 1333 are removable without an independent basis from federal court jurisdiction so long as the defendant consents to the Savings to Suitors common law remedy of a jury trial.
The United States District Court for the Southern District of Texas, Houston Division, denied the plaintiff’s, Exxon Mobil Corporation, motion to remand the case back to state court where it had originally been filed.
Case Law Alerts, 2nd Quarter, April 1, 2016
Pennsylvania Superior Court upholds exclusion of government and industry standards in crashworthiness case.
The plaintiff in this strict product liability case recovered a jury verdict based on a crashworthiness design defect theory of liability.
Case Law Alerts, 2nd Quarter, April 1, 2016