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Publication Date: 2024-01-08
Practice Area: Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 554 C.D. 2022
Board erred in reversing Worker's Compensation Judge's denial of that part of claimant's workers' compensation petition related to aggravation of her preexisting anxiety and depression because the causal connection between claimant's shoulder injury and the alleged aggravation of her preexisting anxiety and depression were not well pleaded and employer did not lose its ability to contest that issue by filing a late answer to the claim petition. Reversed.
Publication Date: 2024-01-01
Practice Area: Employment Litigation
Industry: Education | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 964 C.D. 2022
Claimant argued Workers' Compensation Judge's decision granting claimant's claim petition for a closed period, denying her penalty petition and granting employer's termination petition did not meet the reasoned decision requirements of Section 422(a) of the Workers' Compensation Act and court found board did not address that claim and vacated and remanded for board to consider the issue. Vacated.
Publication Date: 2024-01-01
Practice Area: Employment Litigation
Industry: Consulting | Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 710 C.D. 2021
Unemployment benefits claimant appealed the denial of benefits on the grounds he was self-employed and court found no error in Unemployment Compensation Board of Review's reasoning that the positive steps analysis was applicable to a determination of whether an individual was self-employed in a stand-alone context under the law after he had been separated from his employment and, under that analysis, claimant was self-employed under the law. Affirmed.
Publication Date: 2023-12-25
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 145 M.D. 2023
Claimant filed a complaint sounding in contract, quasi-contract, and mandamus to enforce an alleged compromise and release agreement in workers' compensation case and court held there was no valid and enforceable C&R agreement as a matter of law. Complaint dismissed.
Publication Date: 2023-12-19
Practice Area: Employment Litigation
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1829
Plaintiffs appealed the adverse summary judgment entered by the district court.
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Publication Date: 2023-12-18
Practice Area: Employment Litigation
Industry: Recruitment and Staffing | Transportation
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1329 C.D. 2022
Board erred in affirming Workers' Compensation Judge and finding claimant truck driver's "mental/mental" injury arose from an abnormal working condition, a fire in a tractor trailer truck, because claimant acknowledged he could anticipate a truck fire, had been trained how to respond to a fire and the relatively minor fire that was quickly extinguished was not an "extraordinarily unusual and distressing" employment event for a truck driver. Reversed.
Publication Date: 2023-12-04
Practice Area: Employment Litigation
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1039 C.D. 2021
Workers' compensation judge properly concluded employer violated the workers' compensation act by refusing to reimburse claimant for the cost of CBD oil prescribed by his doctor to treat his work related injury and board violated the standard of review by disregarding WCJ's findings of fact, by expressly refusing to define whether CBD oil was a medicine or supply and in concluding it would violate federal law to direct insurer to reimburse claimant for an over-the-counter dietary supplement. Reversed
Publication Date: 2023-12-04
Practice Area: Employment Litigation
Industry: Distribution and Wholesale | Retail
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Carpenter
Attorneys: For plaintiff:
for defendant:
Case Number: 220602184
Plaintiff appealed the court's order granting defendants' motion to transfer venue of plaintiff's workplace injury suit to Lehigh County. The court entered a new opinion in which it clarified that it had evaluated the totality of the record to conclude that defendants met their burden of proof that trial in Philadelphia would be vexatious and oppressive to them, and not merely inconvenient, with the result that its order should be affirmed.
Publication Date: 2023-11-27
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1076 C.D. 2022
Arbitrator properly found for Fraternal Order of Police in its grievance over termination of health insurance for surviving spouses of retired police officers because arbitrator's award was based on arbitrator's interpretation of disputed terms and conditions in the CBA and was entitled to deference. Affirmed.
Publication Date: 2023-11-27
Practice Area: Employment Litigation
Industry: Automotive
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 23-279
Mercedes USA moved to dismiss plaintiff's title VII disparate treatment, hostile work environment and retaliation action against Mercedes USA and dealership that she worked for and court found plaintiff sufficiently alleged facts to show Mercedes USA was a joint employer and the complaint was not improper "shotgun pleading." Motion denied.
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