Publications
Political Subdivision Tort Claims Act provides immunity to county and county nursing home for wrongful discharge of one of its employees.
The plaintiff worked for the county as a nurse’s aide for eight years, until she was terminated due to drug testing results.
Case Law Alerts, 3rd Quarter, July 2014
Political Subdivision Tort Claims Act bars claims sustained due to accident with vehicle stolen from local agency. Motor vehicle exception to governmental immunity applies only where agent of local agency actually operated vehicle in question.
The tortfeasor in this matter was taken into custody by the Philadelphia Police Department, handcuffed and placed in the back of a police cruiser. Notwithstanding his restraints, he somehow managed to commandeer the police cruiser.
Case Law Alerts, 3rd Quarter, July 2014
Substantial evidence supported the Board’s conclusion that claimant was not a displaced worker because his job search was not successful for reasons unrelated to his work injury.
The claimant had sustained a compensable injury in 2009 and was receiving compensation for temporary total disability. Later, the employer filed a petition to terminate benefits, alleging the claimant was no longer disabled.
Case Law Alerts, 3rd Quarter, July 2014
Employer has legal basis to deny paying for claimant’s narcotic medication on causation grounds because claimant was arrested and charged with illegally selling the medication prescribed for his work injury.
The claimant had sustained a low back injury on July 26, 2011, which was accepted as compensable. He underwent two back surgeries and was receiving narcotic medications.
Case Law Alerts, 3rd Quarter, July 2014
Medical bills for surgery are not compensable when medical provider is not a certified provider in Delaware and did not obtain pre-authorization from employer.
The claimant had sustained a compensable work injury to his neck in February 2001 and had spinal surgery that year and received disability benefits.
Case Law Alerts, 3rd Quarter, July 2014
New Jersey Supreme Court reverses an appellate division decision employing an overly expansive interpretation of the premises rule.
As the petitioner’s employer, the respondent assigned the petitioner free parking at a private garage located about two blocks from her workplace.
Case Law Alerts, 3rd Quarter, July 2014
Award of benefits reversed due to failure to properly weigh the testimony of petitioner’s and respondent’s competing medical experts.
The petitioner had been employed as a fleet service agent with the respondent since 1981.
Case Law Alerts, 3rd Quarter, July 2014
Appellate Division affirms perceived inadequate fee award on motion for medical and/or temporary benefits.
On July 13, 2007, the petitioner was injured when he slipped and fell on the respondent’s premises.
Case Law Alerts, 3rd Quarter, July 2014
Insurer entitled to subrogation under §319 of PA Workers’ Compensation Act for injuries sustained by claimant while driving out of state during the course and scope of employment.
The claimant was injured in a motor vehicle accident that took place in Delaware while in the course and scope of her employment, and she received workers’ compensation benefits pursuant to the Pennsylvania Workers’ Compensation Act.
Case Law Alerts, 3rd Quarter, July 2014
Modification petition is based on results of IRE was properly dismissed because IRE physician failed to satisfy §306 (a.2) of Act by not being active in clinical practice for at least 20 hours per week.
The claimant was receiving workers’ compensation benefits for injuries he sustained in a work-related motor vehicle accident. The employer filed a request with the Bureau to designate a physician to perform an IRE.
Case Law Alerts, 3rd Quarter, July 2014