November 18, 2021 | The Legal Intelligencer
Pa. Supreme Court Takes Up Traveling Employee Doctrine in 'Peters'On Nov. 16, the Pennsylvania Supreme Court in the matter of Peters v. Workers' Compensation Appeals Board (Cintas), addressed for the first time the traveling employee doctrine, thus establishing the criteria under the act for workers in the mobile workforce who are injured on the job.
By Christian Petrucci
7 minute read
November 02, 2021 | The Legal Intelligencer
A Course and Scope Primer: 'Lombardi' Decision Helps Clarify IssueEarlier this week, the Pennsylvania Commonwealth Court issued a nonprecedential decision in Lombardi v. Workers' Compensation Appeals Board (UPMC Health Plan), 208 C.D. 2021 (5/7/2021), which delves into the basics of the law surrounding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 CertainThe 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 PowerLast 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 IssueThe 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 AssemblyUntil 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 DecisionIf 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 SeriouslyAbsent 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
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