New Matter in protracted custody litigation not the type of pleading subject to Dragonetti, P.J.A. v. H.C.N., February 13, 2017
A restaurant franchisor was not liable as a “statutory employer” under the Workers’ Compensation Act for injuries sustained by an employee of its franchisee, the Pennsylvania Commonwealth Court ruled in Saladworks, LLC v. WCAB (Gaudioso and UEGF).
Employee Injured While Aiding Person in Distress at Job Site Entitled to Workers’ Compensation Benefits
An employee who was injured while attempting to rescue a person in distress at his employer’s job site was acting within the course and scope of his employment and, therefore, entitled to workers’ compensation, the Commonwealth Court held in Pipeline Systems, Inc. v. WCAB (Pounds)
Employer’s Obligation to Issue Notice of Ability to Return to Work Arises Only after Claimant is Entitled to Workers’ Compensation Benefits
Where an injured employee had not yet received workers’ compensation benefits at the time alternative employment was offered to her, her employer had no duty to issue a notice of ability to return to work under Section 306(b) of the Workers’ Compensation Act, the Pennsylvania Supreme Court held in Sch. Dist. of Phila. v. WCAB (Hilton)
Workers’ Compensation Carrier Cannot Bring Subrogation Claim Directly Against Third-Party Tortfeasor
A workers’ compensation carrier may not pursue a subrogation claim directly against a third-party tortfeasor when the compensated employee has taken no action against the tortfeasor, the Supreme Court held in Liberty Mutual Ins. Co. v. Domtar Paper Co.
A WCJ did not err in resolving a dispute between two attorneys over a fee related to a compromise and release (C&R) agreement, the Commonwealth Court ruled in Bierman v. Workers’ Compensation Appeal Board (Philadelphia National Bank).
Employee Entitled to Disability Benefits for Asthma Caused by Exposure to Chemicals in the Workplace
An employee who could not return to her pre-injury job due to residual pulmonary conditions caused by workplace exposure to chemicals was entitled to ongoing disability benefits, the Commonwealth Court ruled in Little v. Workers’ Compensation Appeal Board (Select Specialty Hospital)