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456 results for '* topic:"Employment Litigation"' You can use Search Constraints to get even better search results
Publication Date: 2022-07-25
Practice Area: Employment Litigation
Industry: Manufacturing
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0838
Board properly found claimant voluntarily left work without necessitous and compelling cause where claimant failed to prove his work environment was unsafe due to employer's failure to provide personal protective equipment or that claimant's health condition constituted necessitous and compelling cause to resign. Affirmed.
Publication Date: 2022-07-18
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0805
WCJ did not err in denying employer's suspension petition because substantial evidence in the record supported WCJ's findings that claimant suffered disability due to the loss of use of his right hand separate and apart from his accepted work injuries to three fingers on that hand. Affirmed.
Publication Date: 2022-07-18
Practice Area: Employment Litigation
Industry: Food and Beverage
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0807
Board properly upheld WCJ's decision in claimant's claim and review petitions because claimant's assertion that employer's medical expert's testimony was incompetent failed and her other claims were waived and without merit. Affirmed.
Publication Date: 2022-07-11
Practice Area: Employment Litigation
Industry: Retail
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Schiller
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0764
A reasonable jury could conclude that plaintiff was disabled within the meaning of the Americans with Disabilities Act where he testified extensively to experiencing severe, stress-induced nightmares due to his working environment and employer itself referred plaintiff to a psychiatrist given his condition's impact on his work. The court granted in part and denied defendant's motion for summary judgment.
Publication Date: 2022-07-11
Practice Area: Employment Litigation
Industry: Retail
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0777
Board properly affirmed WCJ's decision denying claimant's petition to reinstate compensation benefits because WCJ properly determined he showed "bad faith" willful misconduct in failing to properly complete paperwork for his modified-duty job and employer's failure to follow its progressive discipline policy did not affect the WCJ's determination. Affirmed.
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Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2022-07-04
Practice Area: Employment Litigation
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0734
Board properly granted employer's petition to modify claimant's compensation benefits, denied employer's petition to suspend compensation benefits and reinstated claimant's temporary total disability benefits because board properly found claimant was unable to work in any capacity and the lack of availability of a position with employer as of Nov. 19, 2017 did not support reinstatement and at most, supported the end date of the modification of claimant's benefits. Affirmed.
Publication Date: 2022-06-27
Practice Area: Employment Litigation
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Carlson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0703
The defendant labor union could not be held liable under 42 U.S.C. §1983 for its alleged violation of plaintiff's constitutional rights because it was not a state actor and, even if it was, the union's alleged failure to adequately represent plaintiff in a grievance process was not a deprivation of a constitutional right. The court granted the defendant union's motion to dismiss.
Publication Date: 2022-06-27
Practice Area: Employment Litigation
Industry: Construction | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0715
Board erred in modifying claimant's benefits from total to partial disability benefits because WCJ erred in constraining the impairment rating evaluation review solely to the earlier accepted descriptions of claimant's work injuries. Reversed.
Publication Date: 2022-06-27
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0709
Teacher's sex discrimination claim failed due to the failure to plausibly allege that harassing conduct by students was done on the basis of the teacher's sex. Defendant's motion to dismiss granted in part and denied in part.
Publication Date: 2022-06-27
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0712
Workers' compensation appeal board properly granted employer's modification petition because claimant did not establish a vested right in her post-Protz-per-Act 111 temporary total disability status, did not meet the requirement for relief under either due process or due course of law principles and in reenacting the impairment rating evaluation process, act 111 did not violate the "reasonable compensation" aspect of Art. III, §18. Affirmed.
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