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Appellate Division affirms dismissal with prejudice of the petitioner’s claim, finding the workplace assault that caused the injuries did not arise out of employment but, rather, resulted from personal circumstances.

While resting in the employer’s break room, the petitioner was assaulted with a hammer by his assistant after confronting her about the legitimacy of her pyramid scheme, which the petitioner had become involved in. Case Law Alerts, 2nd Quarter, April 1, 2016

Although the MCARE Act precludes subrogation against medical malpractice proceeds incurred before trial, an employer is entitled to subrogation against future medical expenses and wage loss.

In this appeal to the Commonwealth Court, the claimant argued that § 508 of the MCARE Act is silent as to subrogation of future medical expenses and wage loss in medical malpractice actions and, therefore, must be construed as a prohibition o Case Law Alerts, 2nd Quarter, April 1, 2016