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May 14, 2024 | The Legal Intelligencer

Unreasonable Contest Attorney Fees Revisited in 'Torres'

Last month, the Pennsylvania Commonwealth Court brought unreasonable contest attorney fees back to the forefront in the precedential matter of Torres v. Amazon.com Services (Workers' Compensation Appeals Board), and offered further elaboration as to the Supreme Court's holding in Lorino.
7 minute read
March 28, 2024 | The Legal Intelligencer

What Are These 'Long-Standing and Fundamental WC Principles'?

The claimant did an excellent job of demonstrating the error in the board's opinion that had reversed her success before the WCJ in a termination petition. As the court determined that the case was "precedential" a review is warranted.
5 minute read
January 30, 2024 | The Legal Intelligencer

Commonwealth Court Addresses Appeals Following a Remand in Workers' Comp Case

The appellate process when confronted with a remand can become a minefield. It is important for the practitioner to become familiar with the nuances of when and how to appeal. A review of Wheatley and its progeny as cited in the case, could prove to be invaluable.
4 minute read
November 21, 2023 | The Legal Intelligencer

Employer Obligations Under Section 413(a) of the Workers' Comp Act

The case considers whether an employer should be held responsible for notifying an injured worker when the three-year statute of repose of Section 413(a) of the act would expire.
7 minute read
September 29, 2023 | The Legal Intelligencer

Constructive Notice Under the Workers' Comp Act in 'Woodhouse'

The court ultimately concluded that the communications in question as revealed in the record were not sufficient to satisfy the notice requirements of the act, thereby reversing the underlying decisions of both the workers' compensation judge (WCJ) and the Workers' Compensation Appeal Board (board).
7 minute read
Law Journal Press | Digital Book New York Employment Law 2023 Authors: Daniel A. Cohen, Joshua Feinstein View this Book

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August 24, 2023 | The Legal Intelligencer

Workers' Compensation Cases: Settlement Valuation Revisited

Since there is almost no way to force a lump sum settlement in the workers' compensation arena, the most effective way to achieve such a result is through convincing the defendants that they will save money in the long run by settling the case. It is really that simple.
6 minute read
April 28, 2023 | The Legal Intelligencer

Beware the 'New Normal': Maintaining Professionalism, Legal Skill in Workers' Comp Law

While the original goal was to return to the "old normal" as soon as possible, complete with live hearing, in-person doctors depositions and even some actual paper, it seems that attorneys and judges alike have grown increasingly comfortable with the "new normal." A bit of caution is warranted, however, in letting this new normal degrade the practice.
6 minute read
April 04, 2023 | The Legal Intelligencer

Is Another 'Protz'-Style Constitutional Battle Looming?

The issues framed by the court, in turn, will require the court to revisit Duffey v. Workers' Compensation Appeal Board (Trola-Dyne), which addressed whether an IRE physician can consider injuries and disabilities not formally accepted by the employer when allocating a whole body impairment percentage. This seemingly innocuous framing of the issues may signal a greater motive.
7 minute read
Commonwealth v. Adorno
Publication Date: 2023-03-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys:
For plaintiff:
For defendant:
Case number: 57 MDA 2022

Trial court erroneously granted suppression motion where police had confirmed location of social media video from the property's owner and only discovered the mistaken identification at the suppression hearing. Order of the trial court reversed, case remanded.

January 27, 2023 | The Legal Intelligencer

The Commonwealth Court Resists 'Legislating From the Bench'

The court's decision was a simple one. It was unwilling to legislate from the bench. The judges rightly felt constrained to merely interpret law and not impose a policy preference, thereby creating law out of whole cloth, even if "justice" screamed for the opposite result.
6 minute read