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  • Stiver v. Senior Health Care Solutions, LLC

    Publication Date: 2022-08-08
    Practice Area: Occupational Safety and Health
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nelson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0217

    Court denied motion to dismiss corporate negligence claim in case arising out of a nursing home employee contracting COVID-19. Although defendant argued they were immune from liability due to the "statutory employee" clause of the Worker's Compensation Act, the court found that the pleadings in the matter demonstrated a genuine issue of material fact as to what level of control, authority, etc. defendant maintained over plaintiff. The court further denied defendant's argument that they owed no duty of care to plaintiff, stating that u