• Burns v. McDonough

    Publication Date: 2024-09-27
    Practice Area: Labor Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:23-cv-01810-JDW

    Defendant moved to dismiss plaintiffs' title VII claims alleging race and sex discrimination and retaliation and court found no evidence for race or sex discrimination but plaintiffs did sufficiently allege retaliation claims based on revoked work assignments. Motion granted in part and denied in part.

  • Patrick v. Velocity Rail Solutions, Inc. (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-09-27
    Practice Area: Labor Law
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 652 C.D. 2023

    Worker was properly denied disability benefits where medical record belied worker's claimed injuries. Order of the Workers' Compensation Appeal Board affirmed.

  • Campbell v. Twp. of N. Brunswick

    Publication Date: 2024-09-25
    Practice Area: Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge per curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 24-1447

    Appellant, a former police officer with the North Brunswick Police Department, appealed the district court's grant of judgment on the pleadings to defendant Township of New Brunswick.

  • Wraith v. Wayfair, Inc.

    Publication Date: 2024-09-12
    Practice Area: Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-2400

    Gilbert Wraith, a former warehouse associate with defendant Wayfair, Inc., appealed the summary judgment entered in favor of Wayfair.

  • Berks Area Reg'l Transp. Auth. v. Bennett

    Publication Date: 2024-09-06
    Practice Area: Labor Law
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 942 C.D. 2023

    Employer petitioned for review of an order of the Workers' Compensation Appeal Board affirming in part and reversing in part the order of a Workers' Compensation Judge that granted employee's claim petition. The court affirmed in part, reversed in part, and remanded for further proceedings, holding that the WCJ's findings that a claimant suffered knee and lower back injuries were not adequately reasoned where the injury descriptions were too general and vague to permit effective review.

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  • Maiella v. City of New Castle

    Publication Date: 2024-09-06
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 70006 of 2023, M.D.

    Appellant appealed the denial of his application for disability pension benefits. The court held that where a city police pension plan ordinance did not expressly require the unanimous agreement of examining physicians as to the nature of an applicant's disability, a disabled municipal police officer met his burden of proof in support of his application for disability pension benefits where a majority of examining physicians concluded that he was disabled on some basis.

  • Bradford County v. Pasko

    Publication Date: 2024-08-30
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 926 C.D. 2022

    Petitioners appealed a decision of the Workers' Compensation Appeals Board holding that an employer was not entitled to a pension offset credit where a previously retired employee received workers' compensation wage loss benefits for a work-related injury that occurred after his return to part-time employment with the same employer. The court affirmed, holding that the Workers' Compensation Act's pension offset is not available where a compensable injury occurs within the context of a retiree's subsequent, part-time employment with a

  • Gainer v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-08-30
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1577 C.D. 2022

    Claimant who mistakenly applied for wrong unemployment compensation program in good faith nonetheless remained obligated to repay improperly received benefits. Order of the Unemployment Compensation Board of Review affirmed.

  • Grimwood v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-08-30
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wolf
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 12 C.D. 2023

    Unemployment compensation benefits claimant's appeal from determination of ineligibility was untimely where filed beyond the statutory deadline and claimant failed to present evidence overcoming the presumption of the Mailbox Rule. Order of the Unemployment Compensation Board of Review affirmed.

  • England v. Merion Constr.

    Publication Date: 2024-08-23
    Practice Area: Labor Law
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 304 C.D. 2021

    Claimant petitioned for review of an order of the Workers' Compensation Appeal Board that affirmed two decisions of a Workers' Compensation Judge regarding claimant's post-injury claim. The court affirmed, holding that the WCJ correctly identified claimant's employer as the subcontractor that he worked for on a construction project, which had purchased WC insurance through the general contractor-controlled insurance program, rather than the general contractor itself. The court concluded further that the WCJ correctly calculated the su