Publications
An employer is not required to issue a notice of ability to return to work after a notice of denial has been issued and before a claim petition has been filed.
A Workers’ Compensation Judge granted a claim petition and awarded the claimant benefits. However, the Judge found that the claimant was entitled to benefits for a closed period.
Case Law Alerts, 2nd Quarter, April 2014
Injuries sustained by claimant who, through a state-funded program, was employed by her son as his caregiver, are compensable pursuant to the “bunkhouse rule” in that her presence on the premises was required by the nature of her employment.
Through a state-funded program, the claimant was employed by her son to provide care for him at her residence in exchange for an hourly wage.
Case Law Alerts, 2nd Quarter, April 2014
Benefits were properly suspended after the claimant returned an employment verification form by fax which was signed but not dated.
The claimant filed a claim petition for an injury he sustained while working for the employer.
Case Law Alerts, 2nd Quarter, April 2014
Ex Parte communication prohibited between employer’s attorney and claimant’s physician.
This new Commonwealth Court decision has changed the law regarding communications between an employer and a panel physician when taking depositions.
Case Law Alerts, 2nd Quarter, April 2014
PA Supreme Court To Hear Failure To Disclose Psychological Damage To Property Appeal
The Pennsylvania Supreme Court recently granted the petition for allowance of appeal of a December 26, 2012, Superior Court ruling that psychological damage to real property is not considered a material defect in the property which must be reveale
Case Law Alert, January 29, 2014
Florida Supreme Court Prohibits Most Partial Proposals for Settlement
The Florida Supreme Court in November 2013 made a notable change to Florida's Proposal for Settlement rule. Namely, the Court generally gutted the ability of a party to serve a partial Proposal for Settlement.
An amusement ride is a product within the meaning of the New Jersey Product Liability Act.
The Appellate Division of the Superior Court of New Jersey granted summary judgment to the defendant. The trial judge had ruled that an amusement ride is a product within the meaning of the Product Liability Act (PLA).
Premises liability for third party criminal attacks may extend beyond property lines.
A jury found for the plaintiff in the amount of $32 million after he was beaten with brass knuckles at a bus stop. The defendant argued that the attack did not occur on their property.
Allegations to be heard by the court as to whether a concussion from high school sports is an assault and battery.
The plaintiff claimed that when he played as a guard on the JV football team for West Chester East High School, he was sent on to the field and knocked unconscious after having already been knocked unconscious earlier in the game.
Arbitration of claim is considered a “civil action or proceeding” for purposes of the statute of limitations applicable to civil cases.
Following a broker-dealer’s motion to dismiss arbitration proceedings as time barred under the relevant statute of limitations for contract claims, the investors filed this declaratory judgment action, seeking a ruling that the statute of li