By thelegalintelligencer | The Legal Intelligencer | September 12, 2017
Board's affirmance of WCJ's modification of claimant's benefits was reversed to the extent that it modified claimant's workers' compensation benefits from full to partial because under Protz v. Worker's Compensation Appeal Bd., 161 A.3d 827, §306(a.2) was stricken and thus, no provision of the act allowed for modification of benefits based on an IRE. Reversed.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Workers' compensation appeal board erred in applying the construction workplace misclassification act to find that claimant was an employee rather than an independent contractor because claimant's injury occurred prior to the enactment of the CWMA, the CWMA could not be applied retroactively since it affected substantive rights and it could not be used as guidance to evaluate the traditional factors since it was not a mere clarification of the common-law factors. Reversed.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Claimant was not entitled to unemployment compensation benefits where he made a knowing choice to leave his full-time position in favor of a part-time position with a new employer. The court affirmed an order finding claimant ineligible for unemployment compensation benefits.
By thelegalintelligencer | The Legal Intelligencer | August 4, 2017
Petitioner correctly argued that a sign prohibiting motor vehicle parking on Friday and Saturday nights at certain locations in the City of Philadelphia after 10 p.m. was a nullity because it was not supported by a city ordinance or regulation. The court reversed a decision by the City of Philadelphia Bureau of Administrative Adjudication.
By Karen Sloan | July 28, 2017
Long before Anthony Scaramucci was dropping F-bombs at his boss's perceived enemies, he was just another aspiring attorney studying at Harvard Law School. So what was The Mooch, a 1989 Harvard Law grad, like during his time on campus? Well, that depends on whom you ask. As Scaramucci's first week working for Trump ended in spectacular fashion, we rounded up some highlights about him as a 1L, his advice for current law students, and how a former professor feels about him today.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
The court did not abuse its discretion in dismissing the appeal of an administrative adjudication where the appellant failed to comply with the court's scheduling order by not timely filing an appeal brief. The dismissal did not violate the appellant's constitutional right to due process.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
The Workers' Compensation Appeal Board did not err in its application of Act 46, which designated cancer in firefighters as an occupational disease, since the statute makes clear that any claimant who files a timely claim after the act's effective date is entitled to the benefits of Act 46. The court affirmed the Board's decision affirming in part and reversing in part a workers' compensation judge's ruling.
By Zack Needles | July 21, 2017
A business can still appeal directly from a local government's denial of an intermunicipal liquor license transfer, despite the Pennsylvania Liquor Code's prohibition on appeals, a sharply divided Commonwealth Court en banc has ruled in a published opinion.
By thelegalintelligencer | The Legal Intelligencer | July 21, 2017
A workers' compensation judge properly calculated an employer's pension offset against workers' compensation benefits based on the maximum monthly amount of pension benefits the claimant could have received, even though claimant opted for a lower monthly rate to provide survivor benefits for his spouse. The court affirmed the decision regarding an offset of claimant workers' compensation benefits.
By thelegalintelligencer | The Legal Intelligencer | July 21, 2017
Claimant's decision to jump from the roof of a two-story building at the end of his work day after another service provider removed a ladder was misguided, but it was not so foreign or removed from his usual employment as to constitute an abandonment of his job. The court affirmed the decision granting claimant workers' compensation benefits.
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