Publications
School district not liable for security guard's racial epithet.
During a confrontation between a student and a school security guard, it was alleged that the guard used a racial epithet.
Case Law Alerts, 1st Quarter, January 2019
Challenges to the reasonableness and necessity of medical treatment do not fall within the scope of a bad faith claim under Pa.R.C.P. § 8371.
The plaintiff’s complaint included a § 8371 bad faith count based on the carrier’s refusal to pay medical costs it found to be unreasonable and unnecessary.
Case Law Alerts, 1st Quarter, January 2019
It is not dispositive of bad faith under Pa.R.C.P. § 8371 if a carrier does not immediately attend to a formal demand.
The plaintiff sued his carrier for bad faith under § 8371, claiming unreasonable delay in the handling of his UIM claim.
Case Law Alerts, 1st Quarter, January 2019
Plaintiff must describe “who, what, where, when and how” alleged bad faith conduct under Pa.R.C.P. § 8371 occurred to avoid dismissal.
In this declaratory judgment action, the carrier filed a motion to dismiss a § 8371 bad faith counterclaim based on the defendant’s failure to plead it with specificity.
Case Law Alerts, 1st Quarter, January 2019
No exceptional circumstances found to file a notice of tort claim after inmate was sexually assaulted while in prison.
The plaintiff was sexually assaulted while incarcerated. She did not file a notice of tort claim within the requisite 90 days because she was not aware of this requirement. Upon her release, she retained an attorney.
Case Law Alerts, 1st Quarter, January 2019
SEC settles undisclosed fee charges with a Wisconsin registered investment adviser.
Landaas & Co. is a dual registered investment adviser and broker-dealer based in Milwaukee, Wisconsin. The SEC alleged that over an eight-year period, beginning in 1999, Landaas and its principal received undisclosed fees.
Case Law Alerts, 1st Quarter, January 2019
Certifying unemployment on workers’ compensation eligibility form may not be fraud.
The Workers’ Compensation Fund alleged that in February 2016, the claimant knowingly provided a false statement when he indicated on the Workers’ Compensation Fund Eligibility Certification Form that “I have not been gainfully em
Case Law Alerts, 1st Quarter, January 2019
Petition seeking 42 percent increase in permanency denied.
The medical evidence showed that following her work injury, the claimant had a left knee arthroscopic surgery in 2010 and a similar procedure of the right knee later that same year.
Case Law Alerts, 1st Quarter, January 2019
Justifiable refusal of suitable employment favorable to claimant reversed by 1st DCA.
The employer appealed an order awarding temorary partial disability after the judge of compensation claims found that the claimant’s refusal to accept the employer’s offer of suitable employment was justifiable under § 440.15(6),
Case Law Alerts, 1st Quarter, January 2019
One-time change case favoring the employer.
The claimant requested a one-time change in orthopedic physician on February 15, 2017. That same day, the employer sent authorization and medical records to the one-time change doctor.
Case Law Alerts, 1st Quarter, January 2019