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September 30, 2021 | The Legal Intelligencer

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.
5 minute read
August 26, 2021 | The Legal Intelligencer

Workers' Comp Bureau Documents Are Losing Their Power

Last week, the Pennsylvania Commonwealth Court issued another unfortunate decision in a relatively recent line of cases that is eviscerating the "bureau document" scheme of the Bureau of Workers' Compensation that litigants have relied upon for decades to guide and protect the rights of both parties.
9 minute read
July 30, 2021 | The Legal Intelligencer

Commonwealth Court Revisits Independent Contractor Issue

The court's latest foray into what constitutes an employee for purposes of the Workers' Compensation Act is worth reading in its entirety as, like all such cases, it is very fact specific.
6 minute read
June 01, 2021 | The Legal Intelligencer

'Whitmoyer' Decision Revisited by the General Assembly

Until the Pennsylvania Supreme Court's 2018 decision in Whitmoyer v. Workers' Compensation Appeals Board (Mountain Country Meats), an employer's right to subrogation under Section 319 of the Workers' Compensation Act has repeatedly been found by the courts to be absolute, with few exceptions.
6 minute read
May 04, 2021 | The Legal Intelligencer

The Fallout of 'Protz,' Brought Into Focus by Recent Decision

If you have not kept up on the impact of the IRE on the practice, digesting the Donovan decision is time well spent.
10 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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April 05, 2021 | The Legal Intelligencer

Are Attorney Fees Available Even With a Reasonable Contest?

Even in the most egregious situations, unreasonable contest fees are granted in nominal amounts that are rarely ever collected due to a blanket stay placed on all such awards by the Workers' Compensation Appeal Board.
8 minute read
November 19, 2020 | The Legal Intelligencer

Courts Finally Taking Unreasonable Contest Counsel Fees Seriously

Absent the legal mechanism to pursue a bad faith claim against a workers' compensation carrier, one of the only weapons in a claimant's arsenal to discourage the baseless denial of claims is that of the unreasonable contest counsel fee demand.
6 minute read
August 07, 2020 | The Legal Intelligencer

What Tolls the Section 315 Statute of the Workers' Compensation Act?

very now and again, the Commonwealth Court reports a previously nonprecedential opinion. These newly precedential decisions can sometimes fly under the radar, but they are worth reviewing.
8 minute read
June 05, 2020 | The Legal Intelligencer

Surviving the Workers' Comp Practice During COVID-19

It goes without saying that like almost every aspect of society, the COViD-19 pandemic has dramatically impacted the practice of workers' compensation in Pennsylvania.
5 minute read
April 30, 2020 | The Legal Intelligencer

Commonwealth Court Addresses NTCP Conversion in 'Simpson'

When an NTCP is filed, it often means the injured worker will receive 89 days of workers' compensation benefits along with a subsequent denial for any number of reasons—mostly manufactured.
7 minute read

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