Even seasoned attorneys sometimes struggle with whether a communication is privileged or protected by the work product doctrine. Whatever the attorney decides can have significant implications in discovery and the trajectory of a case. In Cohen v. Ellwood Crankshaft and Machine Co., No. 11212 C.A. 2016 (Pa. Ct. Comm. Pl.…
Read MoreOn 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…
Read MoreAttorney 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.…
Read MorePennsylvania 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…
Read MoreImagine that one of the law firms that you hire to defend you and your insureds wants you to pay more, a lot more. It’s true. One law firm proudly states that it defends employers, self-insureds, and [insurance] carriers in matters involving workers’ compensation, auto claims, slips and falls, and…
Read MoreThe 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…
Read MoreIn 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…
Read MoreToday'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…
Read MoreThe 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…
Read MoreThe 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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