Publications
PA Supreme Court holds that employer’s burden of proof when seeking modification of benefits based on labor market survey requires showing existence of open jobs claimant is capable of filling, not simply the existence of jobs that already filled.
In this case, the claimant sustained a work-related injury to her left shoulder. The claimant received physical therapy, and three surgeries were performed on the shoulder.
The Supreme Court of Pennsylvania clarifies Section 413 (a) of the Pennsylvania Workers’ Compensation Act.
This case involved a claimant who sought a reinstatement of temporary total disability benefits after the 500-week period of partial disability had long since expired. The claimant was injured in January of 1989.
An impairment rating given for a medical condition that is not part of the recognized work injury will not bar the employer from obtaining a termination for the official work injury.
The claimant sustained a work-related injury to his right ankle. The employer issued a notice of compensation payable (NCP) acknowledging the right ankle sprain, and the claimant received temporary total disability benefits.
Massage therapy provided by an LPN not licensed in massage therapy is nevertheless reasonable and necessary.
The claimant was injured at work in July of 1997. Later, the claimant settled the wage loss portion of his claim through a compromise and release agreement. However, medicals remained opened.
Employer not obligated to reinstate benefits or show continuing availability of suitable work when claimant, with residual disability seeking to return to light-duty job, suffers non-work-related total disability preventing him from working at all.
In June 1996, while working under permanent, light-duty restrictions, the claimant suffered a work injury to his right knee.
Broker found to have no duty to warn of tax implications.
The customer complained that the broker failed to adequately advise her of the tax implications of her premature withdrawal from a variable annuity in an IRA. The arbitrator found in favor of the broker and broker/dealer on all counts.
Pennsylvania Appellate Court Limits Extent of Kvaerner in Coverage Matters
For the first time since the Pennsylvania Supreme Court issued its Kvaerner decision, in which it found that defective workmanship is not an "occurrence" under Pennsylvania law, a Pennsylvania appellate decision has limited the
Special Case Law Alert, December 6, 2013
The effects of the statute of repose on the allocation of fault amongst joint tortfeasors.
This matter arose out of claims involving the alleged structural failures of the plaintiff’s public safety facility. Construction began in the fall of 1994 and on November 24, 1995, a Certificate of Substantial Completion was issued.
Case Law Alert, 4th Quarter 2013
Provision in indemnity agreement that covers losses due to indemnities’ own negligence must be in clear and unequivocal language.
The Court of Common Pleas in Philadelphia County reaffirmed that, if parties intend to include within the scope of their indemnity agreement a provision that covers losses due to the indemnities’ own negligence, they must do so in clear and
Case Law Alert, 4th Quarter 2013
New Jersey Appellate Court leaves door open for sender of text messages to be held liable for injuries arising from a defendant driver who is the recipient of distracting text messages.
A New Jersey Appellate Court has held that the sender of a text message may be held liable in New Jersey for injuries arising from a distracted driver, the text message recipient, if the plaintiff can prove that the sende
Case Law Alert, 4th Quarter 2013