Publications
Requests for public records from the Pennsylvania State Police are subject to broad exemptions.
The Pennsylvania State Police (PSP) and Municipal Police Officers’ Education and Training Commission (MPOETC) appealed a determination of the Office of Open Records (OOR) ordering the PSP to disclose to a newspaper and reporter (Requesters)
Case Law Alerts, 2nd Quarter, April 2014
Inmates may be able to successfully challenge the Department Of Correction’s decision to discontinue prison library subscriptions for advanced sheets of legal reporters.
The plaintiff challenged the Department Of Correction’s (DOC) decision to discontinue the prison library’s subscription for advanced sheets of legal reporters in lieu of Lexis Law Library online database, which is updated only quarterl
Case Law Alerts, 2nd Quarter, April 2014
Claimant’s claim denied and respondent awarded attorney’s fees due to claimant’s bad faith in FINRA arbitration.
The claimant filed a FINRA arbitration in Washington, D.C., seeking $350,000 in compensatory damages related to discrepancies and unauthorized transactions in her accounts.
Case Law Alerts, 2nd Quarter, April 2014
FINRA levies record fine of $8 million for substantial anti-money laundering compliance failures.
Penny stock transactions raise heightened risks because low-priced securities may be manipulated.
Case Law Alerts, 2nd Quarter, April 2014
The claimant does not qualify as a displaced worker where his inability to obtain work is not due to the work injury but rather to his inability to furnish the employer with a valid Social Security number and thereby get rehired.
This case was before the Superior Court on the claimant’s appeal from the Board’s decision which granted the employer’s petition for review, terminating the claimant’s total disability benefits and also finding the claimant
Case Law Alerts, 2nd Quarter, April 2014
Displaced Worker Doctrine applied. Employer’s termination petition denied, medical evidence shows claimant can do part-time light-duty work but has reasonable expectation of continued employment with employer who cannot accommodate claimant’s restrictions
This case involved application of the Displaced Worker Doctrine with an unfavorable result for the employer.
Case Law Alerts, 2nd Quarter, April 2014
The Division of Workers’ Compensation and the Superior Court share concurrent jurisdiction to determine employment status in the context of an exclusivity defense.
The defendant was an elderly man living alone, and his daughter sought someone who could move into her father’s home, cook his meals and assist him in his daily activities. The decedent was referred to the defendant by a mutual friend.
Case Law Alerts, 2nd Quarter, April 2014
A Judge of Compensation’s extreme interpretation of the Premises Rule withstands Appellate Division review.
The petitioner was employed as a blackjack dealer with the respondent casino.
Case Law Alerts, 2nd Quarter, April 2014
The expansion of claimant’s injuries by Judge’s decision granting a review petition does not negate the validity of a prior IRE that was not challenged within 60 days.
After the claimant sustained a work-related injury that was acknowledged by the employer, the employer issued a notice of change of workers’ compensation disability status to the claimant, based on the results of an IRE which found the claim
Case Law Alerts, 2nd Quarter, April 2014
C&R agreement that does not resolve an issue that is on appeal with the Board does not preclude the employer from recovering from the Supersedeas Fund.
The claimant filed a claim petition, which was granted by the Workers’ Compensation Judge. In his decision, the Judge established the claimant’s average weekly wage and compensation rate, which the employer appealed.
Case Law Alerts, 2nd Quarter, April 2014