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Publication Date: 2024-01-22
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1258 C.D. 2022
Employer appealed the grant of workers' compensation benefits to claimant and the amount of credit employer was given for payments made to claimant and court found board erred in finding employer was not entitled to a credit for severance benefits made pursuant to a separation agreement but that WCJ erred in awarding credit for the gross amount rather than the net amount. Affirmed in part and reversed in part.
Publication Date: 2024-01-22
Practice Area: Labor Law
Industry: Insurance | Pharmaceuticals | Retail
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 115 C.D. 2023
Workers' compensation bureau erred in relying on Red Book to establish average wholesale prices for pharmaceuticals where Red Book values were based on manufacturer suggested prices rather than representing an average of actual wholesale transactions. Order of the Bureau of Workers' Compensation reversed and remanded.
Publication Date: 2024-01-15
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1273 C.D. 2022
Petitioner sought review of the Workers' Compensation Appeals Board's order affirming a workers' compensation judge's order denying and dismissing her petitions as barred by principles of res judicata. The court affirmed, holding that the WCJ and Board did not err in concluding petitioner's petitions effectively sought to relitigate her claims. The court held further that petitioner failed to satisfy the high burden required to obtain post-termination reinstatement of workers' compensation benefits.
Publication Date: 2024-01-11
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3044
Plaintiffs appealed the partial grant of summary judgment for defendants.
Publication Date: 2024-01-08
Practice Area: Labor Law
Industry: Accounting
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Wilson
Attorneys: For plaintiff:
for defendant:
Case Number: 1:21-CV-00715
Court dismissed plaintiff's Computer Fraud and Abuse Act, Defend Trade Secrets Act, conspiracy, and breach of common law duty of loyalty action against defendants and found a reasonable jury could find defendants were discriminated against based on their sex, the conduct was severe and pervasive and a reasonable person could find the workplace hostile and abusive. Motion granted in part and denied in part.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2024-01-08
Practice Area: Labor Law
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2815
Defendant moved to dismiss plaintiff's Americans with Disabilities Act and Pennsylvania Human Relations Act disability discrimination and retaliation and title VII and PHRA gender discrimination and retaliation action based on his termination for allegedly violating company absentee policies when he took time off to care for his sick wife and court found it could reasonably infer that wife's epilepsy could have motivated defendant's termination decision but plaintiff failed to plausibly sustain his disability retaliation and gender cl
Publication Date: 2024-01-08
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 494 C.D. 2022
Board properly upheld Workers' Compensation Judge's decision granting claimant's review petition, arguing her average weekly wage ought to include wages from her concurrent employment, because substantial evidence supported WCJ's conclusions and employer's argument that claimant had to have worked at her concurrent employment on the date of her work injury failed. Affirmed.
Publication Date: 2023-12-25
Practice Area: Labor Law
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Anders
Attorneys: For plaintiff:
for defendant:
Case Number: 2398 EDA 2022
Plaintiff appealed the court's order sustaining defendants' amended preliminary objections to her complaint. The court concluded that its order should be affirmed where plaintiff failed to sufficiently plead wrongful termination or violation of the Pennsylvania Human Relations Act after her employer denied her request for a religious exemption and terminated her for failing to comply with its mandatory COVID-19 vaccination policy.
Publication Date: 2023-12-25
Practice Area: Labor Law
Industry: Construction
Court: Superior Court
Judge: Judge McCaffery
Attorneys: For plaintiff:
for defendant:
Case Number: 1132 WDA 2021
Trial court erred in granting summary judgment under Workers' Compensation Act immunity where there were genuine issues of material fact as to whether defendant qualified as an employer or co-employee for injured worker's negligence claims arising from defendant's separately owned equipment. Order of the trial court reversed and remanded.
Publication Date: 2023-12-18
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 542 C.D. 2022
Retroactively awarding correctional officers sick leave that was deducted after the county exempted them from Families First Coronavirus Relief Act leave benefits merely constituted an award of paid leave and did not interfere with the county's ability to exercise its managerial prerogative or statutory rights. Order of the trial court affirmed.
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