Publications
Work-related medical expenses are not payable directly to claimant when a health care carrier’s subrogation lien is established by the parties prior to the Judge’s decision.
A Workers’ Compensation Judge granted a claim petition for an injury sustained by the claimant while working for the employer, awarding ongoing total disability benefits and payment of medical expenses.
Case Law Alerts, 4th Quarter, October 2014
Failing to serve the claimant with a copy of a utilization review determination does not violate any provision of the Act.
The claimant filed a penalty petition alleging the employer violated the Act by unilaterally ceasing payment of medical bills for a work injury.
Case Law Alerts, 4th Quarter, October 2014
An employee killed while attempting to apprehend a thief after a robbery of a convenience store was in the course and scope of his employment.
The decedent was scheduled to work the night shift, but he went in early—with his work shirt on—in response to a phone call from a co-worker who needed help with the cash register.
Case Law Alerts, 4th Quarter, October 2014
A claimant who injures himself in the parking lot a few hours before his shift was to begin was in the course and scope of employment at the time of the injury.
The claimant’s shift did not begin until 8 AM, but he testified that he typically arrived at work early because of traffic.
Case Law Alerts, 4th Quarter, October 2014
Injuries sustained in a parking garage, subsidized by the employer, are within the course and scope of employment and entitle the claimant to an award of benefits.
The employer subsidized a parking program for its employees with the owner of a parking lot and a municipal parking authority. As the claimant was approaching the elevator inside the lot, she tripped and fell to the ground, injuring herself.
Case Law Alerts, 4th Quarter, October 2014
Amusement park injuries claimed were not caused by ride malfunction.
The plaintiff claimed an aggravation of a pre-existing condition and injuries requiring surgery after a ride held her upside down and pressed her against a harness for 15 minutes.
Case Law Alerts, 3rd Quarter, July 2014
Motion for summary judgment granted on behalf of bowling center from claim of slip and fall.
The plaintiff testified at deposition that she did not know why she fell and did not see oil in area where she fell because she was not looking down prior to her fall.
Case Law Alerts, 3rd Quarter, July 2014
One to watch. Lawsuit for failure to make owner’s manual for arcade game available at Chuck-E-Cheese.
On October 21, 2013, the parents of an eight-year-old girl filed suit for she injuries sustained when playing an electronic game. The parents alleged that the game was violent and the exciting graphics enticed their daughter to play with it.
Case Law Alerts, 3rd Quarter, July 2014
Third Circuit finds that plaintiff's termination following her failure to execute an offer letter and non-compete agreement was insufficient to sustain an FMLA claim.
The plaintiff was informed that her position would be eliminated, and she began interviewing for a new position with the company. Eventually, the plaintiff was offered a new position and informed that she needed to execute an offer letter an
Case Law Alerts, 3rd Quarter, July 2014
Third Circuit upholds court’s dismissal of plaintiff's race discrimination claim, finding that a single utterance of the phrase "you people" fails to establish a race discrimination claim.
The Third Circuit upheld the dismissal of a plaintiff's claims of race discrimination following her dismissal from a nurse anesthetist program. The plaintiff received a failing grade and was dismissed from the program based upon poor per
Case Law Alerts, 3rd Quarter, July 2014