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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

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