• Schmidt v. Schmidt, Kirifides & Rassias, PC

    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

  • James v. Wal-Mart Distrib. Ctr.

    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.

  • City of Pittsburgh v. Fraternal Order of Police

    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.

  • Modlin v. Piazza Mgmt. Co.

    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.

  • Dunetz v. Charles H. Sacks D.M.D., P.C.

    Publication Date: 2023-11-13
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 302 C.D. 2022

    Board properly upheld Workers' Compensation Judge's decision reinstating claimant's benefits as of the date of the reinstatement petition, rather than the date of the original impairment rating evaluation, court's statements in Dana Holding Corp. v. Workers' Compensation Appeal Bd., 232 A.3d 629, regarding the availability of an equitable balancing test and retroactive application of Protz v. Workers' Compensation Appeal Bd., 161 A.3d 827 in extraordinary cases did not require reversal of board's decision and board properly applied pr

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  • Borough of State Coll. v. Borough of State Coll. Police Ass'n

    Publication Date: 2023-10-23
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 696 C.D. 2022

    Grievance arbitration was justified in finding that borough lacked just cause to terminate police officer after it violated internal affairs regulations by relying on matters not considered by the review board to justify terminating officer. Order of the trial court affirmed.

  • Crane v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-10-23
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1301 C.D. 2021

    Unemployment Compensation Board of Review erred in denying claimant's application for unemployment compensation benefits where the board's factual findings were unsupported by the uncontroverted facts in the record. Order of the UCBR reversed.

  • Cairns v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-10-23
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 336 C.D. 2022

    Claimant petitioned pro se from respondent Unemployment Compensation Board of Review's decision affirming as modified a referee's decision denying benefits for a four-week period in 2020. The court vacated and remanded for further proceedings where the Board's findings of fact were ambiguous as to claimant's status as a per diem or long-term substitute teacher, which in turn informed the question whether respondent's most recent employment offer represented a substantial reduction in wages and hours.

  • Roberts v. Pennsylvania State Employees' Ret. Bd.

    Publication Date: 2023-10-02
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 339 M.D. 2022

    Petitioners asserted the 2017 amendment to the state employees retirement code was unconstitutional under art. V, §§1 and 16(a) of the Pennsylvania constitution and court found it was impossible to calculate an annuity of a defined-contribution retirement plan because it depended on individual choices and future market performance, the amendment did not violate art. V, §16(a) because the changes applied generally to all salaried officers of the commonwealth and petitioners did not demonstrate the 2017 plan was unconstitutional either

  • Clark v. Keystone Lawn Spray (Workers' Comp. Appeal Bd.)

    Publication Date: 2023-09-25
    Practice Area: Employment Litigation
    Industry: Chemicals and Materials
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1468 C.D. 2022

    Subsequent workers' compensation claim petition was barred by res judicata/collateral estoppel where the petition alleged disability beginning on the date of a prior work accident that employee had been adjudicated in a prior petition to have recovered from. Order of the Workers' Compensation Appeal Board affirmed.