Publications
In a claim petition where there is both a documented work injury—either by adjudication or acceptance—and that injury gives rise to disability, the proper burden of proof is that of a reinstatement petition.
The claimant sustained a work-related injury to his right knee. Thereafter, the employer issued a medical only Notice of Compensation Payable (NCP). The employer also agreed to continue paying the claimant's salary.
Case Law Alerts, 3rd Quarter, July 2014
Presumption of prejudice does not exist in every case where an employer seeks to recover an overpayment of compensation made to a claimant who is also receiving a pension.
The claimant, a firefighter, sustained a work injury. The employer accepted liability and paid the claimant Heart and Lung benefits equal to his full salary for over a year after the injury.
Case Law Alerts, 3rd Quarter, July 2014
An order denying claim made against Uninsured Employers Guaranty Fund based on untimely notice was properly reversed when evidence showed that claimant did not know of employer’s uninsured status until being notified of that possibility by the Bureau.
The claimant worked for the employer as a mechanic and sustained a compression fracture injury in the course and scope of his employment. The claimant filed a claim petition, and the employer did not respond.
Case Law Alerts, 3rd Quarter, July 2014
Feds Are Serious About Data Security
In what could be a landmark ruling in the data breach legal field, a New Jersey district court recently ruled that the FTC's lawsuit against Wyndham Hotels for unfair and deceptive trade practices related to a major data breach could pro
Failure to yell “fore” is not recklessness; the recklessness, not negligence, standard applies to recreational sports activities.
Two defendants were released from the case by summary judgment when the court affirmed that the heightened recklessness “standard” for tort liability and recreational sports applied.
Case Law Alerts, 2nd Quarter, April 2014
No duty to eliminate inherent risk of sport.
Summary judgment granted to Boy Scouts from claim of negligence and recklessness for a minor’s fall on the ice while racing with a friend during an ice skating event.
Case Law Alerts, 2nd Quarter, April 2014
Negligent supervision is not an exception to the Doctrine of Primary Assumption of Risk in Ohio.
The granting of summary judgment was affirmed, dismissing a complaint against the gym for negligence as it was found that tripping and falling were all inherent risks of gymnastic spring boards and spring floors.
Case Law Alerts, 2nd Quarter, April 2014
Patients’ right to access records of health care facility/provider relating to adverse medical incident not limited to only records pertaining to same/similar condition, treatment or diagnosis as patient requesting access.
Known as “Amendment 7,” Article X, Section 25 of the Florida Constitution guarantees patients the right to have access to any records made or received in the course of business by a health care facility or provider relating to any adve
Case Law Alerts, 2nd Quarter, April 2014
Recovery of emotional distress damages in a New Jersey medical malpractice action remains a tough hurdle for plaintiffs.
The plaintiff parents brought their 19-month-old daughter to the emergency room at 5:00 pm following difficulty breathing and cold or flu-like symptoms.
Case Law Alerts, 2nd Quarter, April 2014
U.S. Supreme Court retracts the long arm of the law: general personal jurisdiction for any court is not what you learned in law school.
Plaintiffs sued a German automaker in California, asserting personal jurisdiction on the theory that it was subject to general jurisdiction based on voluminous in-state sales by its U.S. subsidiary.
Case Law Alerts, 2nd Quarter, April 2014