In the last week, two Commonwealth Court opinions highlight the difference between the Court’s stated view – that it won’t overturn credibility findings supported in the record – and the reality that Courts do it all the time when they desire a specific result. One of the cases, Arvilla Oilfield…
Read MoreWhen we represent injured workers, we make sure that we notify the right parties so that our clients right to receive wage losses and payment for medical care is protected. A new Commonwealth Court opinion highlights why. Although injured workers have 3 years to file a Claim Petition, a literal…
Read MoreNumerous legal issues arise when employees are injured while commuting to work. In National Casualty Co. v. Kinney, the Superior Court (on April 25, 2014) addressed the issue of ridesharing. In particular, the Court held that an employee is not within the course and scope of his or her employment when commuting…
Read MoreIn the long-awaited decision in Barrick v. Holy Spirit Hospital, an evenly-divided Supreme Court today held that communication between counsel and an expert are privileged material pursuant to Pa.R.C.P. 4003.3 and 4003.5. In so ruling, the three Justices supporting affirmance noted that "Rule 4003.3 balances the general rule of expansive discovery with…
Read MoreWant to know what the Pennsylvania Supreme Court has ruled on any given day? Or what else is happening in the Pennsylvania courts? If you do, you may think that the best way to do so is to visit the Court's website every day. Guess what, that may not be the best…
Read MoreOne of the issues that periodically rears its head in claims under the Pennsylvania Workers' Compensation Act is whether there exists such a concept as a de facto Notice of Compensation Payable (NCP). This is an important concept because an NCP provides an injured worker with certain rights, and we…
Read MoreAs we reported, in an earlier decision, the Commonwealth Court refused to countenance the delaying tactics and other excuses so common when the Uninsured Employers Guaranty Fund is a party in proceedings under the Pennsylvania Workers' Compensation Act. On April 7, 2014, in Pa. Uninsured Employers Guaranty Fund v. WCAB,…
Read MoreOur latest appellate newsletter, highlighting March 2014 published decisions from the Pennsylvania Supreme Court, Pennsylvania Superior Court, Pennsylvania Commonwealth Court, U.S. Supreme Court and Florida Supreme Court is now available. Just click here to read the latest case law on civil procedure (read the Pa. & U.S. Supreme court opinions),…
Read MoreThe Superior Court has shed light on an issue that, while seemingly clear, remained in question -- whether Pennsylvania motor vehicle insurance carriers providing coverage for commercial fleets of vehicles were required to offer uninsured and underinsured motorist coverage and, if so, whether policyholders were required to accept or reject…
Read MoreTwo recent decisions by the U.S. Supreme Court and the Florida Supreme Court may have a significant impact on Pennsylvania cases. In Daimler AG v. Bauman, No 11-965 (January 14, 2014), the U.S. Supreme Court stepped into the murky waters of jurisdiction, with a decision that will almost certainly limit…
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