Publications
In order to satisfy the notice requirements of NICA, both participating physicians and hospitals with participating physicians on staff must provide patients with notice of participation in plan.
The Florida Supreme Court was called upon to decide whether a physician's pre-delivery notice to his or her patient of the plan and his or her participation in the plan satisfy the notice requirements if the hospital where the delivery takes
Case Law Alert - 2nd Qtr 2010
A workers' compensation judge has discretion under § 314 (a) of the Act to suspend wage loss and/or medical benefits of a claimant who refused to attend an independent medical examination.
In a case of first impression, the Commonwealth Court held that a workers' compensation judge has discretion under §314 (a) of the Act to suspend medical benefits, in addition to wage benefits, where a claimant refuses to attend an independen
The Pennsylvania Department of Transportation is immune from suit for claims that its plan for the placement of highway utility poles were deficient under the Sovereign Immunity Act.
The plaintiff's decedent lost control of her motor vehicle on a snow-covered road and struck a wooden utility pole. The plaintiff sued Verizon-Pennsylvania alleging that the utility pole was negligently placed and managed.
Case Law Alert - 2nd Qtr 2010
In a case of first impression, the board assesses a fine against an employer for not complying with the healthcare practice guidelines on a properly submitted medical bills claim.
The claimant sustained a compensable work injury to his back on August 27, 2007, and later had two surgeries performed to his low back. The employer paid for the first surgery but not the second one.
Board's decision terminating total disability compensation is affirmed on appeal. Court also rejects claim for an attorney's fee and medical witness fee by claimant's counsel.
The claimant sustained a compensable right wrist injury in March 2006 while throwing a piece of black top. His medical treatment required four surgeries.
Defense counsel failed to preserve a claim of improper argument for plaintiff's counsel where defendant failed to advance in the trial court the specific ground of objection.
The Supreme Court found that the District Court erred in granting a new trial on the basis of an improper argument by plaintiff's counsel during closing argument.
Case Law Alert - 2nd Qtr 2010
The Third Circuit holds that an employee can establish that they suffered from a serious health condition through a combination of expert medical and lay testimony.
The Third Circuit Court of Appeals held—in a matter of first impression—that a plaintiff can establish that they were incapacitated for three consecutive days and, therefore, suffered from a "serious health condition" pursuant to the Fam
Case Law Alert - 2nd Qtr 2010
Trial court abused its discretion by allowing defendant nursing home to introduce opinion testimony by decedent's physician that nursing home was not negligent.
The nursing home resident's treating physician's deposition was read into evidence at trial. In the deposition the physician opined that Delta (Nursing Home) was not negligent in its care of the resident.
Case Law Alert - 2nd Qtr 2010
Employee can prevail on a detrimental reliance theory where the employer made a clear and unambiguous promise and the employer made no applicable disclaimers.
Most Ohio promissory estoppel and fraud claims brought by employees against employers have foundered on the element of detrimental reliance ever since the Ohio Supreme Court established strict guidelines for establishing detrimental reliance in Wi
Case Law Alert - 2nd Qtr 2010
The statute of limitations in professional malpractice actions accrues at the time the malpractice occurs, not when the court issues an unfavorable decision.
The plaintiff was represented by his former attorneys at a hearing to invalidate a Property Settlement Agreement he entered into with his wife.
Case Law Alert - 2nd Qtr 2010