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Christian Petrucci

Christian Petrucci

November 02, 2021 | The Legal Intelligencer

A Course and Scope Primer: 'Lombardi' Decision Helps Clarify Issue

Earlier this week, the Pennsylvania Commonwealth Court issued a nonprecedential decision in Lombardi v. Workers' Compensation Appeals Board (UPMC Health Plan), 208 C.D. 2021 (5/7/2021), which delves into the basics of the law surrounding the course and scope of employment issue.

By Christian Petrucci

8 minute read

September 30, 2021 | The Legal Intelligencer

Court: Payment Required Even If the Amount Isn't Certain

The court essentially held the employer accountable for paying nothing at all when it had all the means necessary to make at least a good faith payment.

By Christian Petrucci

5 minute read

August 26, 2021 | The Legal Intelligencer

Workers' Comp Bureau Documents Are Losing Their Power

Last week, the Pennsylvania Commonwealth Court issued another unfortunate decision in a relatively recent line of cases that is eviscerating the "bureau document" scheme of the Bureau of Workers' Compensation that litigants have relied upon for decades to guide and protect the rights of both parties.

By Christian Petrucci

9 minute read

July 30, 2021 | The Legal Intelligencer

Commonwealth Court Revisits Independent Contractor Issue

The court's latest foray into what constitutes an employee for purposes of the Workers' Compensation Act is worth reading in its entirety as, like all such cases, it is very fact specific.

By Christian Petrucci

6 minute read

June 01, 2021 | The Legal Intelligencer

'Whitmoyer' Decision Revisited by the General Assembly

Until the Pennsylvania Supreme Court's 2018 decision in Whitmoyer v. Workers' Compensation Appeals Board (Mountain Country Meats), an employer's right to subrogation under Section 319 of the Workers' Compensation Act has repeatedly been found by the courts to be absolute, with few exceptions.

By Christian Petrucci

6 minute read

May 04, 2021 | The Legal Intelligencer

The Fallout of 'Protz,' Brought Into Focus by Recent Decision

If you have not kept up on the impact of the IRE on the practice, digesting the Donovan decision is time well spent.

By Christian Petrucci

10 minute read

April 05, 2021 | The Legal Intelligencer

Are Attorney Fees Available Even With a Reasonable Contest?

Even in the most egregious situations, unreasonable contest fees are granted in nominal amounts that are rarely ever collected due to a blanket stay placed on all such awards by the Workers' Compensation Appeal Board.

By Christian Petrucci

8 minute read

November 19, 2020 | The Legal Intelligencer

Courts Finally Taking Unreasonable Contest Counsel Fees Seriously

Absent the legal mechanism to pursue a bad faith claim against a workers' compensation carrier, one of the only weapons in a claimant's arsenal to discourage the baseless denial of claims is that of the unreasonable contest counsel fee demand.

By Christian Petrucci

6 minute read

August 07, 2020 | The Legal Intelligencer

What Tolls the Section 315 Statute of the Workers' Compensation Act?

very now and again, the Commonwealth Court reports a previously nonprecedential opinion. These newly precedential decisions can sometimes fly under the radar, but they are worth reviewing.

By Christian Petrucci

8 minute read

June 05, 2020 | The Legal Intelligencer

Surviving the Workers' Comp Practice During COVID-19

It goes without saying that like almost every aspect of society, the COViD-19 pandemic has dramatically impacted the practice of workers' compensation in Pennsylvania.

By Christian Petrucci

6 minute read