Publications
The Appellate Division quashes an “intentional tort” challenge to the exclusive remedy provision of the Workers’ Compensation Act.
The petitioner was employed as a commercial pesticide applicator, and he was licensed by the State of New Jersey, Department of Environmental Protection.
Case Law Alerts, 1st Quarter, January 2015
An employer may take an offset against workers’ compensation benefits under Section 204(a) for pension benefits funded by its wholly owned subsidiary.
While the claimant was working for Company “A,” it was acquired by Company “B” as a wholly owned subsidiary.
Case Law Alerts, 1st Quarter, January 2015
Medical bills not paid for treatment/therapy given in India proper as practitioners not licensed in PA, services not provided under supervision of licensed health care practitioner, and medical certificates did not comply with requirements of the Act.
The claimant was receiving indemnity benefits for a February 2000 work injury.
Case Law Alerts, 1st Quarter, January 2015
Returning to regular-duty work with restrictions entitles one to presumption of causation when filing reinstatement petition; reinstatement is right even in if discharged from employment, unless employer can establish claimant committed bad faith.
The claimant suffered an injury to his Achilles tendon in January of 2009 and returned to his pre-injury job in June of 2009 with restrictions.
Case Law Alerts, 1st Quarter, January 2015
A claimant is not entitled to an award of benefits for injuries sustained in a motor vehicle accident that occurred while the claimant was driving to work to attend an employer meeting.
The claimant filed a claim petition alleging that he sustained a brain injury as a result of an automobile accident while commuting to the employer’s premises for a meeting.
Case Law Alerts, 1st Quarter, January 2015
Evidence from a claimant contesting an employer’s impairment rating evaluation (IRE) must be competent evidence of a similar character.
Following the claimant’s work injury, the employer filed a modification petition based on the results of an IRE.
Case Law Alerts, 1st Quarter, January 2015
The United States Supreme Court holds that time spent undergoing post-shift security screenings was not compensable under the Fair Labor Standards Act.
A class of plaintiffs, who were tasked to retrieve items from warehouse shelves and package them for shipment to Amazon.com, customers filed this lawsuit, alleging that they were not paid for the time it took to undergo post-shift security screeni
Case Law Alerts, 1st Quarter, January 2015
Plaintiff has standing to maintain claims for disability discrimination against grocery stores despite the fact that he never visited many of the stores.
The plaintiff asserted claims on behalf of a class of disabled patrons of a grocery store chain, alleging that architectural barriers existed in the parking lots of the stores, a violation of the Americans with Disabilities Act and which prohibite
Case Law Alerts, 1st Quarter, January 2015
The Pennsylvania Supreme Court affirms decision to uphold $187 million judgment in favor of employees who were allegedly forced to work off the clock and skip breaks.
The Pennsylvania Supreme Court affirmed a decision upholding a jury verdict and award in favor of a class of Wal-Mart employees who were allegedly forced to work through their break periods in violation of the company's policy. Specifica
The Pennsylvania Commonwealth Court confirms that retaliation for requesting workers' compensation benefits from an employer may support a wrongful discharge claim under Pennsylvania common law.
The Pennsylvania Commonwealth Court reversed a decision sustaining an employer's preliminary objections, holding that a cause of action exists under Pennsylvania common law for wrongful discharge of an employee who requests workers' compen
Case Law Alerts, 1st Quarter, January 2015