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April 10, 2014 | The Legal Intelligencer

State Supreme Court Restores Statutory Employer Doctrine

Two years ago, the state Superior Court decided the case of Patton v. Worthington Associates, 2012 Pa. Super 74 (March 27, 2012), which represented the most significant change to the statutory employer doctrine since the Supreme Court's seminal decision in the 1930 case of McDonald v. Levinson Steel, 153 A. 424 (Pa. 1930).
7 minute read
March 13, 2014 | The Legal Intelligencer

Credentials of IRE Physician Successfully Challenged

Beginning with the original Gardner decision back in 2003, one of the sections of the Workers' Compensation Act most subject to appellate court review has been Section 306(a.2), dealing with impairment rating evaluations (IREs).
7 minute read
February 13, 2014 | The Legal Intelligencer

Claimant's Testimony Sufficient for Ongoing Disability

While the recent opinions coming from the appellate courts have generally been favorable to the defense bar, a Commonwealth Court case just posted Wednesday, Pennsylvania Uninsured Employers Guaranty Fund (PUEGF) v. Workers' Compensation Appeal Board (Bonner and Fitzgerald), puts that trend on hold. In PUEGF, the court addressed a claimant's burden of proof in a claim petition.
6 minute read
January 09, 2014 | The Legal Intelligencer

Physician-Patient Privilege in Workers' Comp Context Upheld

It is well settled that when an individual seeks compensation benefits under the Workers' Compensation Act, he or she exposes himself or herself to an exception to the physician-patient privilege.
8 minute read
December 05, 2013 | The Legal Intelligencer

Injured Workers' Ability to Prove Abnormal Working Conditions

Proving work-related psychological injuries has always presented a unique challenge to the workers' compensation practitioner, as the burden of demonstrating a disability caused by a psychological or mental condition is more involved than that stemming from a physical injury.
9 minute read
November 11, 2013 | The Legal Intelligencer

Injured Workers Losing Medical Battle? On Monday's 'The American Law Journal'

In a culture of settlement, are injured workers' medical benefits getting shoved aside?
1 minute read
April 23, 2010 | The Legal Intelligencer

N.J. Justices: E-mails to Attorney From Work Computer Privileged

Does an employee have a right to privacy when communicating with her attorney while using her employer's computer? That was the question the New Jersey Supreme Court recently grappled with in Stengart v. Loving Care Agency Inc.
5 minute read
March 26, 2010 | The Legal Intelligencer

Panel Revives Clerk's Suit Alleging Discrimination Over 'Tomboyish' Look

Brenna Lewis is an Iowa woman who describes her appearance as "slightly more masculine." Lewis prefers to wear loose-fitting clothing, including men's button-down shirts and slacks. She avoids makeup and wears her hair short. At times, Lewis has been mistaken for a male and referred to as "tomboyish." One of her supervisors allegedly characterized Lewis' look as "an Ellen DeGeneres kind of look."
6 minute read
June 07, 2011 | The Legal Intelligencer

Four Seasons Investments, LLC v. Petrucci, PICS Case No. 11-0982 (C.P. Allegheny May 10, 2011) Wettick, J. (5 pages).

The court addressed the pleading requirements in this credit card claim and determined that because plaintiff failed to provide writings establishing an assignment of the cardholder agreement and sustained defendant's preliminary objections.
2 minute read
November 19, 2007 | The Legal Intelligencer

Manko Gold Helps Gain $4.5 Mil. to Redevelop Brownfield

Environmental boutique Manko Gold Katcher & Fox aided a real estate development client in securing $4.5 million in government funding and loans to redevelop a brownfield in Allentown.
2 minute read

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