Appellate Decisions

Batting 1000 – Attorney Dan Siegel is 6 for 6 in the Pennsylvania Supreme Court

On Tuesday, the Pennsylvania Supreme Court accepted our arguments completely and issued a landmark decision in Feliccia v. Lackawanna University, holding that (1) a university "had a duty to provide duly licensed athletic trainers for the purpose of rendering treatment to its student athletes participating in athletic events," and (2) a Waiver…

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Commonwealth Court Enhances Medical Providers’ Rights Against Workers Compensation Carriers

Attorney Dan Siegel Was Lead Counsel in Decision Affirming That Medical Providers Have a Right to Payment Under the Pennsylvania Workers' Compensation Act The Commonwealth Court today affirmed that insurance companies and their attorneys may not take actions that prevent medical providers from being paid for care for injured workers.…

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Attention Doctors, Pharmacies & Medical Providers Treating Pa. Workers’ Compensation Patients

Pennsylvania Appeals Court Eliminates Defense That Prevented Countless Workers' Compensation Providers From Getting Paid Doctors and every other entity providing medical care or services to injured workers under the Pennsylvania Workers’ Compensation Act will benefit from the Commonwealth Court Opinion today in Armour Pharmacy v. Bureau of Workers’ Compensation Fee…

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Another Appellate Victory – Case Was Dismissed, Now the Plaintiff Gets His Date in Court

Our client had been represented by another attorney in this New Jersey premises liability/slip and fall case. Not surprisingly, the defendant filed a Motion to Dismiss alleging that our client had not presented sufficient evidence to let a jury decide his case. The trial court judge agreed and dismissed the case.…

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Pa. Supreme Court, Citing Dan Siegel’s Brief, Issues Landmark Car Accident Ruling

The Pennsylvania Supreme Court ruled today that, in car accidents claims against Pennsylvania governments and governmental agencies, "operation of a vehicle" is the continuum of activity from when a vehicle begins its journey until it reaches its final destination.  This case will impact every auto accident claim against the Commonwealth of…

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Pennsylvania Workers’ Compensation Settlements Cannot Bar Medical Provider From Being Paid Without Notice

In a precedential decision that will impact every Compromise & Release (Settlement) Agreement under the Pennsylvania Workers' Compensation Act, the Commonwealth Court ruled today that "The parties to a C&R agreement can bind each other, but they cannot release themselves from liability to a person who is not a party…

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Influencers of the Law – They Aren’t All in Large Firms

Today's Philadelphia Inquirer has an entire section devoted to advertising for, oops, I meant highlighting the achievements of large law firms. Called "Influencers of the Law," the section focuses on the accomplishments of many large law firms in the Philadelphia area. It also includes (not inexpensive) advertisements for 15 of…

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Pennsylvania Supreme Court Opens The Door For Plaintiffs To Recover Non-Economic Damages

The Pennsylvania Supreme Court has ruled that persons who file Whistleblower claims are entitled to compensation for embarrassment, humiliation, loss of reputation, and mental anguish, also known as non-economic damages. The unanimous March 27th decision in Bailets v. Pennsylvania Turnpike Commission affirmed that a $1,600,000 verdict for non-economic damages was…

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Commonwealth Court Rules that Pre-Protz IREs are Invalid When a Petition to Reinstate is Filed Within Three Years of the Most Recent Payment

The Commonwealth Court ruled today that injured workers in Pennsylvania whose benefits were limited because of an impairment rating examination (IRE) may seek additional benefits if they file a petition within three years of the date of the most recent payment of compensation (wage losses). Applying the Pennsylvania Supreme Court’s…

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Authenticating Social Media Evidence Is Harder Than Lawyers Think

Let’s play a game. You’re the judge. Under the following facts, is the social media evidence admissible? After obtaining a Court Order allowing him to obtain a criminal defendant’s Facebook records, the prosecutor files a motion seeking permission to introduce into evidence the following items: Screenshots of the defendant’s Facebook…

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