Publications
The Third Circuit holds that a prison demonstrated that a deviation from its "no-headgear" policy to permit the wearing of khimars would create an undue hardship of ensuring the safety of its prisoners, staff and visitors.
The Equal Employment Opportunity Commission filed a lawsuit, alleging that a private prison operator violated Title VII and engaged in religious discrimination when it failed to accommodate a class of Muslim women employees in not allowing the emp
Case Law Alert - 4th Qtr 2010
Plaintiff failed to exhaust her administrative remedies pursuant to the Pennsylvania Human Relations Act when she filed an employment discrimination lawsuit less than one year after filing her administrative complaint.
The plaintiff filed an administrative complaint with the Pennsylvania Human Relations Commission ("PHRC") on May 13, 2008, alleging age and gender discrimination.
Case Law Alert - 4th Qtr 2010
Reimbursement payments made by an insurance carrier to a township employer during a time the claimant's benefits were suspended do not constitute an admission of liability for the claimant's disability compensation.
Following injuries sustained by the claimant in a work-related motor vehicle accident, the claimant returned to work light duty. The claimant's benefits were suspended by a Notification of Suspension.
A workers' compensation judge's dismissal of a modification petition on the basis that an IME more than six months old rendered the job referrals invalid is arbitrary and not supported by substantial evidence.
The claimant in this case was injured in 1994. The employer filed a petition to suspend/Modify Benefits, alleging that work was available to the claimant and the claimant failed to make a good faith effort to pursue the jobs that were referred.
An employee's fall in a parking lot, located between buildings leased by the employer, while intending to leave the premises for an unpaid lunch is held to be within the scope of employment under §301(c)(1).
The employer argued that an employee who left the workplace to take an unpaid lunch break and who slipped and fell on the surface of a parking lot not owned or leased by the employer was not "on the premises" thereof and, thus, was outsi
The board grants the claimant's petition and determines that the claimant was within the course and scope of her employment when she fell on aircraft steps while attending a business conference in Ireland.
The issue presented was whether the claimant's fall down an aircraft stairway during a trip to Ireland to attend a business conference sponsored by a third party vendor of the employer constituted an injury within the course and scope of her
Plaintiff must demonstrate suffering from a precise injury the manufacturer failed to disclose in order to prove that non-disclosed risk would have altered treating physician's decision to prescribe drug.
In order for a plaintiff to prove that a non-disclosed risk would have altered a treating physician's decision to prescribe a drug, he must demonstrate that she suffered from the precise injury the manufacturer allegedly failed to disclose.
Case Law Alert - 4th Qtr 2010
The application of the discovery rule regarding tolling of the statute of limitations is not applicable where the plaintiff's alleged injuries improved, rather than worsened, after the date of loss.
The plaintiff appealed from a court order granting the defendant's motion for summary judgment. The case involved a personal injury suit resulting from a motor vehicle accident on January 7, 2007.
Case Law Alert - 3rd Qtr 2010
New legislation amends Section 2335 of New York's insurance law, which limits insurance companies from levying surcharges on a policyholder after a motor vehicle accident involving property damage.
Section 2335 now prohibits insurers from raising auto premiums after an accident, unless the amount of property damage exceeds $2,000. The prior threshold was $1,000 and was in effect since 1991.
Case Law Alert - 3rd Qtr 2010
The board properly performs its role by dismissing a petition to determine compensation due where it finds the claimant's testimony not credible as to the occurrence of the alleged work injury.
This case involved a Petition to Determine Compensation Due, alleging the claimant was injured on October 2, 2008, when he tripped over a pallet inside his employer's truck causing him to fall four feet to the ground.