Thought Leadership Search Results: King of Prussia

185 results for: King of Prussia

What's Hot in Workers' Comp
Act 111 is not unconstitutional under due process or due course of law grounds, nor does it violate reasonable compensation aspect of Article III, Section 18 of Pennsylvania Constitution.
August 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
Doctrines of res judicata and collateral estoppel did not bar review petition to add left ulnar nerve injury because a judge in prior decision rejected medical expert’s opinion that claimant’s symptoms were caused by injury to left ulnar nerve.
August 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
The Commonwealth Court finding that combined dosages of OxyContin and Oxycodone were excessive and not reasonable and necessary was supported by substantial competent evidence as it was based on competent and credible opinion of reviewing provider.
August 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
The IRE process for injuries rated is not confined to those injuries described in prior decisions. Section 306 (a.3)(1) of the Act allows for discretion by the IRE physician to determine what diagnoses are due to the work injury.
July 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
Claimant’s Receipt of Full Salary Benefits Under Act 534 Constitutes Receipt of Total Disability Compensation Under § 306 (a) of the Act For Purposes of Triggering an Act 111 IRE.
June 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
Claimant’s Failure to Complete and Return a Required Wage and Benefit Reporting Form (LIBC-760) Is Not Proper Grounds to Withhold Payment of Benefits Ordered by a Workers’ Compensation Judge.
June 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
Injuries sustained by claimant in a motor vehicle accident that occurred on the drive home from work were compensable through the employment contract exception to the “going and coming rule.”
May 1, 2022
by Francis X. Wickersham
Case Law Alerts
Courts will not give the benefit of doubt, even in the face of a pandemic, to excuse lack of good faith effort to serve a complaint.
April 1, 2022
by Gabor Ovari
Case Law Alerts
A plaintiff has no obligation to choose one theory of liability, thereby excluding other theories.
April 1, 2022
by Gabor Ovari
Case Law Alerts
PA Superior Court rules that issue of whether medical providers provided medical care and owed duty to minor plaintiff was question for the jury.
April 1, 2022
by Gabor Ovari
Case Law Alerts
PA Supreme Court reverses Superior Court, holds that trial court did not abuse its discretion in denying motion for mistrial based on single, unanswered question proposed to expert witness.
April 1, 2022
by Gabor Ovari
What's Hot in Workers' Comp
Only the fee review arena has the authority to decide the issues of medical billing amounts, timeliness and who qualifies as a medical provider under the Act.
April 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
A Utilization Review request that does not list all of a claimant’s treating providers does not render the request or the UR Determination invalid.
April 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
Pennsylvania Supreme Court adopts as law a “no coverage” exception to the equitable rule, precluding an insurer from pursuing subrogation against its own insured.
April 1, 2022
by Francis X. Wickersham
Defense Digest
On the Pulse…Marshall Dennehey Is Happy to Celebrate Our Recent Appellate Victories*
April 1, 2022
What's Hot in Workers' Comp
Commonwealth Court holds that the Section 319 subrogation provision of the Act is absolute and does not violate constitutionally protected rights in contravention of the Pennsylvania Constitution.
March 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
Injury sustained by the claimant on his way to take a cigarette break and get a sandwich was compensable under the “personal comfort” doctrine.
March 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
Automatic 50% offset for SS retirement benefits under §204(a) doesn’t violate equal protection clause of U.S. and PA Constitutions; non-work-related factors not part of §306(b)(2)’s requisite that residual productive skill be reflected in earning power.
February 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
The employer is not entitled to a credit for benefits received by a claimant under the Coronavirus Aid, Relief and Economic Security (CARES) Act.
February 1, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
What’s Hot in Workers’ Comp – Special PA Alert
January 18, 2022
by A. Judd Woytek
What's Hot in Workers' Comp
What’s Hot in Workers’ Comp – Special PA Alert
January 4, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
In a psychological injury case involving an allegation of sexual assault, the Workers’ Compensation Judge was within his jurisdiction to make a finding that implicated criminal conduct resulting in the claimant’s injury.
January 3, 2022
by Francis X. Wickersham
What's Hot in Workers' Comp
What's Hot in Workers' Comp - Special PA Alert
December 28, 2021
by Francis X. Wickersham
Bullying in the Workplace
December 14, 2021
What's Hot in Workers' Comp
TOP 10 DEVELOPMENTS IN PENNSYLVANIA WORKERS’ COMPENSATION IN 2021
December 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
Commonwealth Court upholds a decision to enforce a prior judicially approved C&R Agreement wherein the claimant agreed to cooperate by signing Medicare Set-Aside paperwork and later refused.
November 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
Judge did not abuse her discretion in imposing a 50% penalty against the employer for refusing to pay fatal claim benefits because her decision awarding benefits contained an incorrect benefit rate and there was no evidence regarding the decedent’s wages.
November 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
Filing notice of temporary compensation payable paying indemnity benefits and then medical-only notice of compensation payable to stop payment does not obligate employer to also file notice stopping temporary compensation payable & notice of compensation.
October 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
Reinstatement of benefits was retroactive to the date of a post-Protz II reinstatement petition filed in 2019 and not retroactive to the date of the 2009 IRE.
October 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
An attempt to reopen a claim under Protz II is time barred under § 413(a) of the Act as the attempt was made more than three years from the last date benefit payments were received.
October 1, 2021
by Francis X. Wickersham

Thought Leadership

Act 111 is not unconstitutional under due process or due course of law grounds, nor does it violate reasonable compensation aspect of Article III, Section 18 of Pennsylvania Constitution.

Doctrines of res judicata and collateral estoppel did not bar review petition to add left ulnar nerve injury because a judge in prior decision rejected medical expert’s opinion that claimant’s symptoms were caused by injury to left ulnar nerve.

The Commonwealth Court finding that combined dosages of OxyContin and Oxycodone were excessive and not reasonable and necessary was supported by substantial competent evidence as it was based on competent and credible opinion of reviewing provider.

The IRE process for injuries rated is not confined to those injuries described in prior decisions. Section 306 (a.3)(1) of the Act allows for discretion by the IRE physician to determine what diagnoses are due to the work injury.

Claimant’s Receipt of Full Salary Benefits Under Act 534 Constitutes Receipt of Total Disability Compensation Under § 306 (a) of the Act For Purposes of Triggering an Act 111 IRE.

Claimant’s Failure to Complete and Return a Required Wage and Benefit Reporting Form (LIBC-760) Is Not Proper Grounds to Withhold Payment of Benefits Ordered by a Workers’ Compensation Judge.

Injuries sustained by claimant in a motor vehicle accident that occurred on the drive home from work were compensable through the employment contract exception to the “going and coming rule.”

Courts will not give the benefit of doubt, even in the face of a pandemic, to excuse lack of good faith effort to serve a complaint.

A plaintiff has no obligation to choose one theory of liability, thereby excluding other theories.

PA Superior Court rules that issue of whether medical providers provided medical care and owed duty to minor plaintiff was question for the jury.

PA Supreme Court reverses Superior Court, holds that trial court did not abuse its discretion in denying motion for mistrial based on single, unanswered question proposed to expert witness.

Only the fee review arena has the authority to decide the issues of medical billing amounts, timeliness and who qualifies as a medical provider under the Act.

A Utilization Review request that does not list all of a claimant’s treating providers does not render the request or the UR Determination invalid.

Pennsylvania Supreme Court adopts as law a “no coverage” exception to the equitable rule, precluding an insurer from pursuing subrogation against its own insured.

On the Pulse…Marshall Dennehey Is Happy to Celebrate Our Recent Appellate Victories*

Commonwealth Court holds that the Section 319 subrogation provision of the Act is absolute and does not violate constitutionally protected rights in contravention of the Pennsylvania Constitution.

Injury sustained by the claimant on his way to take a cigarette break and get a sandwich was compensable under the “personal comfort” doctrine.

Automatic 50% offset for SS retirement benefits under §204(a) doesn’t violate equal protection clause of U.S. and PA Constitutions; non-work-related factors not part of §306(b)(2)’s requisite that residual productive skill be reflected in earning power.

The employer is not entitled to a credit for benefits received by a claimant under the Coronavirus Aid, Relief and Economic Security (CARES) Act.

What’s Hot in Workers’ Comp – Special PA Alert

What’s Hot in Workers’ Comp – Special PA Alert

In a psychological injury case involving an allegation of sexual assault, the Workers’ Compensation Judge was within his jurisdiction to make a finding that implicated criminal conduct resulting in the claimant’s injury.

What's Hot in Workers' Comp - Special PA Alert

Bullying in the Workplace

TOP 10 DEVELOPMENTS IN PENNSYLVANIA WORKERS’ COMPENSATION IN 2021

Commonwealth Court upholds a decision to enforce a prior judicially approved C&R Agreement wherein the claimant agreed to cooperate by signing Medicare Set-Aside paperwork and later refused.

Judge did not abuse her discretion in imposing a 50% penalty against the employer for refusing to pay fatal claim benefits because her decision awarding benefits contained an incorrect benefit rate and there was no evidence regarding the decedent’s wages.

Filing notice of temporary compensation payable paying indemnity benefits and then medical-only notice of compensation payable to stop payment does not obligate employer to also file notice stopping temporary compensation payable & notice of compensation.

Reinstatement of benefits was retroactive to the date of a post-Protz II reinstatement petition filed in 2019 and not retroactive to the date of the 2009 IRE.

An attempt to reopen a claim under Protz II is time barred under § 413(a) of the Act as the attempt was made more than three years from the last date benefit payments were received.

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