Appellate Decisions

Pennsylvania Supreme Court Rules That Workers’ Compensation Impairment Rating Physicians Are Not Bound by the Injury Described in the Notice of Compensation Payable
Published on: January 20, 2017 By Daniel J. Siegel, Esquire in Appellate Decisions, Commentary, Workers' Compensation

The Pennsylvania Supreme Court ruled yesterday that a physician performing an Impairment Rating Evaluation under Section 306(a.2)(1) of the Workers’ Compensation Act, 77 P.S. § 511.2(1) should consider all conditions that the physician believes are related to the work injury when performing an IRE. In the case, Duffey v. Workers’…

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Philadelphia Legal Newspaper Features Dan Siegel’s Pennsylvania Supreme Court Auto Law Case
Published on: January 11, 2017 By Daniel J. Siegel, Esquire in Appellate Decisions, Pennsylvania Case Law, Pennsylvania Motor Vehicle Financial Responsibility Law, Personal Injury, Writing Services for Attorneys

Today’s Legal Intelligencer, the daily newspaper for Philadelphia’s legal community featured the case of Erie Insurance v. Bristol, for which Attorney Daniel J. Siegel serves as counsel for Mr. Bristol. The article focuses on the Pennsylvania Supreme Court’s decision to hear the case and the court’s ruling will impact virtually every…

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Pa. Supreme Court Agrees to Hear Uninsured Motorist (Auto Insurance) Case – Attorney Daniel Siegel Serves as Appellate Counsel
Published on: December 29, 2016 By Daniel J. Siegel, Esquire in Appellate Decisions, Pennsylvania Motor Vehicle Financial Responsibility Law

The Pennsylvania Supreme Court granted allocatur today in Erie Insurance v. Bristol, on the following issue, “In uninsured motorist claims subject to mandatory arbitration, is the statute of limitations tolled only by the commencement of an official judicial action, or may extra-judicial actions also toll the statute of limitations?” I…

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Pa. Supreme Court Rules That Federal Arbitration Act Preempts Pa.R.Civ.P. 2013(3), Permitting Courts To Enforce Arbitration Agreements in Wrongful Death and Survival Actions
Published on: September 29, 2016 By Daniel J. Siegel, Esquire in Appellate Decisions, Pennsylvania Case Law

On Wednesday, September 28, 2016, the Pennsylvania Supreme Court ruled that the Federal Arbitration Act (FAA), 9 U.S.C. §2, preempts Pa.R.Civ.P. 2013(e), which requires consolidation of survival and wrongful death actions for trial. Consequently, the Court held that plaintiffs’ wrongful death and survival actions must be bifurcated, and that the…

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Lawyers & Social Media – Adding Flames to Fires
Published on: September 6, 2016 By Daniel J. Siegel, Esquire in Appellate Decisions, Commentary, Ethics/Professional Responsiblity, New Jersey Case Law, Social Media

Ah, social media. Facebook, Yelp, you name it, social media is out there, and lawyers are using – and misusing it. Here are some recent examples that highlight the issues confronting us – and why it is best to recognize the problems up front – so you don’t have to…

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Another victory in the battle over workers’ compensation impairment ratings
Published on: March 28, 2016 By Daniel J. Siegel, Esquire in Appellate Decisions, Law Firms, Pennsylvania Case Law, Pennsylvania Statutory Law, Writing Services for Attorneys

Since 2012, our firm has been leading the challenge to the unconstitutionality of the current impairment rating evaluation (IRE) process in Pennsylvania. We have filed numerous briefs explaining in detail why the Commonwealth of Pennsylvania, Bureau of Labor & Industry's adoption the guidelines used in the 5th and 6th editions of the AMA…

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Pa. Supreme Court to Address IRE Issues
Published on: February 12, 2016 By Daniel J. Siegel, Esquire in Appellate Decisions, Workers' Compensation

The Pennsylvania Supreme Court on February 3, 2016 agreed to decide an important issue concerning Impairment Rating Evaluations under the Pennsylvania Workers' Compensation Act. In Duffey v. WCAB (Trola-Dyne, Inc.), the Court will decide whether the Commonwealth Court erred by  concluding that an Impairment Rating Evaluation (IRE), which is designed to rate…

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Commonwealth Court Declares Current IRE Process Unconstitutional in Workers’ Compensation Cases
Published on: September 21, 2015 By Daniel J. Siegel, Esquire in Appellate Decisions, Pennsylvania Case Law, Pennsylvania Statutory Law, Workers' Compensation

September 18, 2015 -- In Protz v. Workers' Compensation Appeal Board (Derry Area School District), No. 1024 C.D. 2014 (Pa.Cmwlth., September 18, 2015), a divided en banc panel of the Commonwealth Court ruled that the use of the 5th and 6th Editions of the AMA Guides to the Evaluation of Permanent…

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Supreme Court Clarifies When Notice of Ability to Return to Work is Required in Pa. Workers’ Compensation Claims
Published on: May 28, 2015 By Daniel J. Siegel, Esquire in Appellate Decisions, Pennsylvania Case Law, Workers' Compensation

The Pennsylvania Supreme Court unanimously ruled on May 26, 2015 in School District of Philadelphia v. WCAB (Hilton) that an employer is not required to provide an injured employee with a Notice of Ability to Return to Work (NARW) form when the employee has not yet filed a Claim Petition and has…

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