Publications
Physician successful in obtaining excess coverage after denial by hearing officer.
The Mcare Fund denied Dr. Wolfson excess coverage because it alleged that he received notice of a claim prior to the Mcare Fund's receipt of his assessment payment for that calendar year.
Case Law Alert - 2nd Qtr 2012
Borough's police power upheld.
The then chief of police for the Borough of Palmyra restricted access to the plaintiff’s property in the borough, which was used on the weekends for a flea market.
Case Law Alert - 2nd Qtr 2012
The motor vehicle accident report privilege does not apply to a non-occupant witness.
The appellee personal representative filed a wrongful death action against the appellants, a driver and her spouse. The Polk County Circuit Court entered final judgment in favor of the appellee, and the appellants sought review.
Case Law Alert - 2nd Qtr 2012
A claimant cannot recover PIP payments for an EMG test performed by a licensed physician assistant as physician assistants are not authorized to perform EMG tests under New Jersey law.
The New Jersey Supreme Court upheld the Appellate Division's holding that the plain language of N.J.S.A. § 45:9-5.2(a) limits performance of EMGs to those who are licensed to practice medicine and surgery in the state of New Jersey.
Case Law Alert - 2nd Qtr 2012
No punitive damages for talking on a cellular telephone while driving.
The plaintiff alleged in the amended complaint that the defendant's vehicle had crossed into her lane and hit her vehicle because he was talking on his cellular telephone while driving.
Case Law Alert - 2nd Qtr 2012
Utilization appeals in 45 days … not anymore.
In 2011, The Delaware Department of Labor had promulgated regulations that provided for only a 45-day appeal period from any Utilization Review decision, which could be appealed by either party to the Industrial
Case Law Alert - 2nd Qtr 2012
No requirement that a judge of compensation consider expert testimony as to causation in an occupational exposure claim before granting a motion to dismiss based on statute of limitations.
The petitioner was a teacher employed by the respondent from 1971 through 1993.
Case Law Alert - 2nd Qtr 2012
Employer entitled to Supersedeas Fund Reimbursement for benefit payments made under NCP issued by mistake.
The employer filed a Petition to Review/Set Aside a Notice of Compensation Payable (NCP) pursuant to §413, alleging that the NCP had been issued in error.
Case Law Alert - 2nd Qtr 2012
Fatal claim petition granted for death of claimant from overdose of medications that were previously found to be neither reasonable nor necessary.
This case has been a hot topic of conversation in the Pennsylvania workers’ compensation community.
Case Law Alert - 2nd Qtr 2012
Claimant is not entitled to a resumption of temporary total disability benefits after the expiration of the 500-week period of partial disability, even when employer reinstated benefits after the 500-week period ended.
The claimant suffered an injury on January 24, 1989. When he returned to work on September 20, 1989, his benefits were suspended.
Case Law Alert - 2nd Qtr 2012