Publications
Municipal claim can survive under § 1983 even though a plaintiff fails to sufficiently allege an underlying constitutional violation.
The District Court dismissed all of the plaintiff’s 42 U.S.C.
Case Law Alerts, 2nd Quarter, April 2019
Delaware Medical Marijuana Act not preempted by federal law and allows private right of action to enforce its non-discrimination provision.
In this case of first impression, the issues were whether: (1) the Delaware Medical Marijuana Act (DMMA), specifically its anti-discrimination provision, was in conflict with the federal Controlled Substances Act (CSA) and is thus preempted; and (
Case Law Alerts, 2nd Quarter, April 2019
First DCA reaffirms ban on “bootstrapping” inadmissible medical opinions in self-help cases in favor of the employer.
After the employer denied surgery recommended by the authorized provider, the claimant underwent a less invasive surgery with an unauthorized provider.
Case Law Alerts, 2nd Quarter, April 2019
First DCA reverses on jurisdictional issue after maximum medical improvement.
In a prior order that was pending on appeal, the judge of compensation claims determined the claimant was at maximum medical improvement.
Case Law Alerts, 2nd Quarter, April 2019
Ex parte doctor conferences limited.
The judge of compensation claims granted the claimant’s emergency motion to prohibit and/or limit the employer’s ex parte communication with the transfer of care physician.
Case Law Alerts, 2nd Quarter, April 2019
Cab driver’s work found integral part of cab company’s business.
The petitioner, a cab driver, was injured in 2014 while picking up a customer.
Case Law Alerts, 2nd Quarter, April 2019
Unless an injured employee assigns a cause of action or voluntarily joins litigation as a party plaintiff, the insured may not enforce its statutory right to subrogation by filing a direct action against the tortfeasor.
The Pennsylvania Supreme Court holds that the trial court properly sustained the preliminary objections filed by the tortfeasors.
Case Law Alerts, 2nd Quarter, April 2019
For death benefits to be paid to dependent beyond the age of 18, must prove that dependent’s physical impairment causes a disability that makes it impossible to earn an income.
The Commonwealth Court noted that Section 307 of the Act states that payment of dependency benefits are payable to a child until they are 18 years old; until they are 23 years old if they are enrolled as a full-time student in an accredited educat
Case Law Alerts, 2nd Quarter, April 2019
Conferring jurisdiction to Pennsylvania authorities under the Act for injury occurring in New Jersey.
The employer was a subcontractor for the Delaware River Port Authority. The claimant, a Philadelphia resident, was hired out of his local union hall.
Case Law Alerts, 2nd Quarter, April 2019
If full wages are paid for day of injury occurred, the day after is counted as first day of disability.
The claimant sustained a low back strain at work and received his full pay from the employer on the date of injury. After the injury, the claimant did not return to work.
Case Law Alerts, 2nd Quarter, April 2019