Workers’ Compensation

Legal Bytes — June 8, 2017

Legal Bytes -- June 8, 2017

Legal Bytes

Legal Bytes

Legal Bytes

Civil Procedure

Damages limited under Pa.R.C.P. 1311.1 do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017

Criminal Law

Vehicle Code mandatory 5 year sentence for DUI, second offense, not required; Court can use discretion under Sentencing Code, Comm. v. Watson, March 8, 2017

Commonwealth exercised due […]

Legal Bytes

Civil Procedure

Damages limited under Pa.R.C.P. 1311.1 do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017

Criminal Law

Sentence for recidivist retail theft cannot use facts underlying NY conviction for petit larceny to show statutes are similar,  Comm. v. Vandyke, March 1, 2017

Changes to Pa.R.E. […]

PBI’s Week In Review

New Matter in protracted custody litigation not the type of pleading subject to Dragonetti, P.J.A. v. H.C.N., February 13, 2017

Franchisor is not Statutory Employer of Franchisee’s Employees under Workers’ Compensation Act

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).

By | 2017-05-19T22:51:26+00:00 October 28th, 2015|Categories: Workers' Compensation|Tags: , , , , , , |Comments Off on Franchisor is not Statutory Employer of Franchisee’s Employees under Workers’ Compensation Act

Workers’ Compensation Act’s Adoption of AMA Guides Ruled Unconstitutional

A section of the Workers’ Compensation Act requiring impairment ratings to be determined under current American Medical Association (AMA) guidelines is an unconstitutional delegation of legislative authority, a divided en banc Pennsylvania Commonwealth Court panel held in Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.).

By | 2017-05-19T22:51:26+00:00 October 12th, 2015|Categories: Workers' Compensation|Tags: , , , , , , , , , , |Comments Off on Workers’ Compensation Act’s Adoption of AMA Guides Ruled Unconstitutional

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)

By | 2017-05-19T22:51:27+00:00 July 30th, 2015|Categories: Workers' Compensation|Tags: , , , , , , , |Comments Off on Employee Injured While Aiding Person in Distress at Job Site Entitled to Workers’ Compensation Benefits

Impairment Rating Evaluation not Invalidated by Subsequent Finding of Additional Work-Related Injuries

Does an impairment rating evaluation (IRE), which addresses injuries identified as compensable when the IRE was performed, become invalid if it is subsequently determined, during a claimant’s challenge to the IRE filed within the 60-day appeal period, that the claimant sustained additional work-related injuries?

By | 2015-07-27T14:38:55+00:00 July 28th, 2015|Categories: Workers' Compensation|Tags: , , , , , |Comments Off on Impairment Rating Evaluation not Invalidated by Subsequent Finding of Additional Work-Related Injuries