Putative Class Action Lawsuit Dismissed

In a case where we represented a child care center, a federal district judge from the Western District of Pennsylvania granted our motion to dismiss with prejudice. The plaintiffs were nine minority employees who were involuntarily furloughed in the fall of 2020. They filed suit, alleging their employment was terminated in violation of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Pennsylvania Human Relations Act, the Wage Payment and Collection Law, and Section 1981 of the Civil Rights Act.

A workers’ compensation judge’s decision granting a Claim Petition is not reasoned as required under Section 422(a) of the Act when the judge’s injury descriptions are too general and lack specifics.

The claimant filed a Claim Petition in which he alleged he sustained work injuries to his left knee, low back and right hip on June 12, 2021. The case was litigated before a workers’ compensation judge. What’s Hot in Workers’ Comp, Vol. 28, No.

Although claimants have a statutory right to file petitions for benefits, a recent order imposing sanctions on a claimant’s attorney highlights the non-frivolous litigation and ‘good faith’ limitations imposed on that statutory right.

While not a district court opinion, this judge of compensation claims’ order addresses an ever-increasing source of frustration: filing and maintaining petitions for benefits without good faith efforts to either resolve these disputes before filin What’s Hot in Workers’ Comp, Vol. 28, No.

Relying on Delaware Superior Court memorandum opinion that determined the Industrial Accident Board correctly decided to terminate total disability benefits following a total knee replacement, Delaware Supreme Court affirms Boards’ decision.

The claimant suffered from rheumatoid arthritis for approximately 20 twenty years and required biological medications to treat pain, swelling and stiffness in his joints. What’s Hot in Workers’ Comp, Vol. 28, No.