O2: All Articles

Commonwealth Court holds that Employer is not entitled to FPUC benefits received by injured worker under the Federal CARES Act.

It is well established that Section 204(a) of the Pennsylvania Workers’ Compensation Act (PA WC Act) provides, in relevant part, that “if the employee receives unemployment compensation benefits, s…

Court Holds that Injured Worker Did Not Voluntarily Leave the Workforce, so Petition for Suspension of Workers’ Compensation Benefits Ultimately Denied.

One of the complex issues in the Pennsylvania workers’ compensation system is the concept of “withdrawal from the labor market.” Without intending to do anything but receive additional income, an i…

Statewide Average Weekly Wage set for 2022

WORKERS’ COMPENSATION ALERT The Department of Labor & Industry has determined the statewide average weekly wage for injuries occurring on and after Jan. 1, 2022, shall be $1,205.00 per week.  F…

Pennsylvania Supreme Court defines Standards for a Traveling Employee Injury under the Pennsylvania Workers’ Compensation Act

The Supreme Court of Pennsylvania issued a unanimous Opinion on November 17, 2021 and for the first time defined the standards that apply under the Pennsylvania Workers’ Compensation Act when a tra…

The Impact of Prescription Drug Pricing on Workers’ Compensation Claims

Despite the decrease in opioid usage, injured workers are still too often prescribed unnecessary prescription drugs which can lead to dangerous health conditions and increased complexity of workers…

Hack Job Leads to Production of Forensic Cyberattack Report

Substance over form matters. A law firm responding to a cyber-attack learned this lesson the hard way when a federal district court ordered the firm to produce the results of a forensic investigati…

Course and Scope of Employment defense rejected by Commonwealth Court of Pennsylvania

It is well established that under the “coming and going rule,” injuries sustained while an employee is traveling to and from his place of employment are not compensable. In Stewart v. WCAB (Bravo G…

Commonwealth Court Holds that Issuance of Medical-Only Notice of Compensation Payable is Sufficient

On August 16, 2021, in a case of first impression, the Commonwealth Court of Pennsylvania issued an Opinion in Raymour & Flanagan v. WCAB (Obeid), holding that when a Medical-Only Notice of Com…

Widow Not Required to Indemnify Kids’ Wrongful Death Suit

A widow who agreed to indemnify a defendant for injuries sustained by her then-living husband does not have to cover subsequent wrongful death claims brought by her adult children. A federal court …

COVID-19 Is Natural Disaster Triggering Force Majeure Clause

When the COVID-19 pandemic postponed a marquee auction event, the auction house relied upon a force majeure clause to terminate an agreement to sell a high-priced painting and refused to pay the se…

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