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'Raymour & Flanigan' and the Damage It Did to the Bureau Document System
As if we needed any reminding, a few weeks ago, the Pennsylvania Commonwealth Court issued a precedential opinion in the matter of Wolfe v. Martellas…The Trouble in Appealing a Compromise and Release Decision
Given the extensive questioning by both attorneys and the judge as to the claimant's competency, understanding of the agreement and the lack of any outside influence, it seems unlikely that a situation would ever arise where the appeal board would ever vacate a C&R decision.A Cautionary Tale: Always Be Diligent When Litigating Penalty Petitions
Skay was originally decided as nonprecedential opinion in May, most likely due to the mundanity of the dispute. It now offers a cautionary tale.It's Time to Move to the 'Next Normal' in Workers' Comp Law
Without question, the practice of workers' compensation has made it, intact, to the other end of the pandemic in one piece. Certainly, COVID-19 forced a significant paradigm shift in the way cases are handled. The question now becomes, what worked and what is worth preserving?Pa. Commonwealth Court Takes Up Coming-and-Going Rule
As is well known, commuting to and from work is not considered to be within the course and scope of one's employment.View more book results for the query "Petrucci"
Supreme Court Considers Subrogation Against Named Insured
Historically, the law has generally supported a equitable prohibition against such a practice. Of course, history has never met Section 319 of the act!Constitutionality of Subrogation Provisions Affirmed
While it is generally conceded that "double recovery" for the same damages is not good public policy, the fact that employers are allowed to subrogate against damages such as pain and suffering they did not have to pay in the first place has always been a source of contention.Pa. Supreme Court Takes Up Traveling Employee Doctrine in 'Peters'
On Nov. 16, the Pennsylvania Supreme Court in the matter of Peters v. Workers' Compensation Appeals Board (Cintas), addressed for the first time the traveling employee doctrine, thus establishing the criteria under the act for workers in the mobile workforce who are injured on the job.A Course and Scope Primer: 'Lombardi' Decision Helps Clarify Issue
Earlier this week, the Pennsylvania Commonwealth Court issued a nonprecedential decision in Lombardi v. Workers' Compensation Appeals Board (UPMC Health Plan), 208 C.D. 2021 (5/7/2021), which delves into the basics of the law surrounding the course and scope of employment issue.Court: Payment Required Even If the Amount Isn't Certain
The court essentially held the employer accountable for paying nothing at all when it had all the means necessary to make at least a good faith payment.Download Now
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