Publications
Claims for violation of constitutional rights asserted against an individual township engineer are to be dismissed where the claim is also asserted against the township.
The owner of a mobile home park alleged Township officials vexatiously acted to prevent him from expanding and further developing the park in violation of his constitutional right to use and develop his property.
Case Law Alert - 3rd Qtr 2010
Employer subject to penalty for continuing nonpayment of medical expenses while litigating petition to review URO that found medical treatment reasonable and necessary.
The employer challenged the imposition of a penalty for violating the Act for failing to pay medical bills which were determined by a utilization review to be reasonable and necessary during the time that the employer's UR Review Petition was
The Third Circuit determines that side effects from medical treatment may constitute an impairment under the Americans with Disabilities Act in certain circumstances.
The plaintiff filed a claim under the Americans with Disabilities Act ("ADA") following his termination from employment, arguing that the side effects of medications he was taking to treat his obesity and sleep apnea were "impairmen
Case Law Alert - 3rd Qtr 2010
Commonwealth Court clarifies that a utilization review challenge to physical therapy treatment need not name each individual therapist who provides treatment.
Since the decisions in Schenck v. WCAB (Ford Electronics), 937 A.2d 1156 (Pa. Cmwlth. 2007), and Bucks County Community College v. WCAB (Nemes), 918 A.2d 150 (Pa. Cmwlth.
Is psychiatric disability resulting from notice of termination of employment a compensable injury under the New Jersey workers' compensation statute?
On March 6, 2003, the petitioner slipped and fell on the premises of her employer, suffering a tear of the posterior horn of the medial meniscus of her right knee.
The changes to Florida's pre-suit provisions, enacted in 2001, cannot be applied retroactively as the changes were substantive and not procedural.
The insured sued the insurer for failing to pay personal injury protection (PIP) benefits after she was injured in a motor vehicle accident. The issue on appeal to the Florida Supreme Court was whether the pre-suit provision of Fla. Stat.
Case Law Alert - 3rd Qtr 2010
Enforcement of an eight-year-old reimbursement obligation between workers' compensation carriers survives equitable estoppel and laches arguments.
The petitioner, Kathleen Patry, sustained two work-related injuries while in the employ of West Jersey.
The Supreme Court holds that the National Labor Relations Board's delegation clause requires a delegated group to maintain a membership of three.
In New Process Steel, the Supreme Court determined that the National Labor Relations Board ("NLRB") did not have the authority to issue orders when the Board was comprised of only two members between January 2, 2008, through March 27, 201
Case Law Alert - 3rd Qtr 2010
When is "payment" of compensation made pursuant to a temporary notice of compensation payable so as to require five days notice to stop payment?
This case involved the situation where a Notice of Temporary Compensation Payable was issued to a claimant along with a check in payment of the initial wage loss.
SEPTA was immune from liability under the sovereign immunity act for injuries claimed while bus was temporarily stopped and not in "operation."
The plaintiffs were passengers on a bus owned by SEPTA when it was struck by a hit-and-run truck while it was stopped and discharging other passengers. Both plaintiffs claim injuries as a result of the impact.
Case Law Alert - 3rd Qtr 2010