Publications
Emotional support animals found medically necessary.
A Jacksonville District judge of compensation claims ordered an employer to reimburse an injured worker for the purchase of an emotional support animal.
Case Law Alerts, 1st Quarter, January 2019
Injury to truck driver at truck stop shower not compensable.
The petitioner was employed as an over-the-road truck driver. He stopped at a truck stop equipped with a full-service station and a shower. After showering, he sat on a bench to put on his boots, and the bench collapsed and he was injured.
Case Law Alerts, 1st Quarter, January 2019
Issuing Supplemental Agreements during a period that the claimant is receiving benefits pursuant to a Notice of Temporary Compensation Payable is not an admission of liability for the alleged work injury.
The Commonwealth Court agreed with the employer that issuing Supplemental Agreements during the time the employer was paying temporary benefits to the claimant was not an admission of liability.
Case Law Alerts, 1st Quarter, January 2019
A C&R Agreement cannot be used to set aside a fee review determination. Rather, a determination in favor of a provider may be set aside only by following the proper procedure set forth in the Act.
The claimant and the employer entered into a C&R Agreement in 2000, settling wage loss benefits, but leaving medical treatment open. In 2015, the employer requested Utilization Review of a topical compound pain cream.
Case Law Alerts, 1st Quarter, January 2019
The fee review arena lacks the jurisdiction to determine reasonableness and necessity of treatment. Evidence presented by an insured that billing from a provider was contrary to Medicare policy does not preempt the issue of reasonableness and/or necessity
The claimant was using a neuromuscular electrical stimulation device. The provider dispensed supplies, including two replacement lead wires, on a bi-monthly basis, four times in a six-month period, and billed the insurer on the same basis.
Case Law Alerts, 1st Quarter, January 2019
Airline employee's fall in parking lot owned by the Department of Aviation is a compensable injury.
The claimant was given a badge that gave him access to certain areas of the Philadelphia International Airport, including employee parking lots.
Case Law Alerts, 1st Quarter, January 2019
Legal Updates for Construction Litigation
A Chapter 558 Notice Now Stops the Clock on the Statute of Repose
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Don’t rely on counsel’s assertion of agreement to binding arbitration without the clients’ explicit agreement as well.
The plaintiffs sought an appeal from an order denying reinstatement of a complaint for damages for injuries sustained on an amusement ride.
Case Law Alerts, 4th Quarter, October 2018
Recklessness is the standard in informal recreational torts, even if the complaint only reads negligence or carelessness.
The plaintiff appealed summary judgment from a claim of injury when sliding into third base at a junior varsity baseball game. The allegation was that the game was “negligently” supervised.
Case Law Alerts, 4th Quarter, October 2018
Plaintiff’s personal right not to be negligently injured is not a common right actionable in public nuisance.
The plaintiff attempted to make a claim for personal injury by arguing a cause of action for private nuisance existed.
Case Law Alerts, 4th Quarter, October 2018