On May 21, 2007, in Stoops v. Commonwealth of Pennsylvania, the Court of Common Pleas of Franklin County denied the Commonwealth\’s motion for summary judgment in a case involving a fallen tree. The facts of the case indicate that on July 18, 2001, the plaintiff, Robin Stoops, was traveling along a roadway that runs through… Read more »
Allstate Corp. and Nationwide Mutual Insurance Co. have been subpoenaed by a federal grand jury investigating the insurance industry’s handling of Hurricane Katrina claims in Mississippi, the companies said. Congress last year ordered an investigation into the way insurance claims were handled involving damage caused by Hurricane Katrina after officials said many insurers shifted the… Read more »
On February 12, 2007, the Pennsylvania Commonwealth Court issued a decision in a case involving utilization review (UR) of an injured workers medical treatment. In Bucks County v. WCAB (Nemes), 918 A. 2d 150, the employer had filed a UR request seeking a review of the reasonableness and necessity of all medical treatment provided to… Read more »
In a recent decision issued March 27, 2007, the Superior Court of Pennsylvania affirmed a trial court decision which dismissed a medical malpractice suit based upon plaintiff’s failure to file the requisite certificate of merit. In Shon v. Karason, the Court held that the patient’s complaint did not set forth a claim of lack of… Read more »
In Urmann v. Rockwood Casualty Insurance Company, 905 A.2d 513 (Pa. Super. July 31, 2006), the Pennsylvania Superior Court held that the trial court did not commit an abuse of discretion when it approved a settlement in which the workers\’ compensation carrier was not fully compensated for it’s lien and most of the settlement was… Read more »
In a recent decision, the Pennsylvania Workers’ Compensation Appeal Board (WCAB), has held that an employer has failed to meet it’s burden of proof in a pension offset case. In Albani v. The WCAB rejected the testimony of UMWA Health and Retirement Fund’s enrolled actuary. In Albani v. Consolidation Coal Company, the WCAB held that… Read more »
On November 9, 2006, Governor Rendell signed Act 147 into law. Act 147 establishes and funds the Uninsured Employer Guaranty Fund, which provides benefits to injured employees of uninsured employers. Article XVI of the act requires that an injured worker notify the Fund within 45 days after the injured worker knew that the employer was… Read more »
(2/8/07) – The Eastern District Court of Pennsylvania has ruled that a bad faith claim can be brought against an insurer of a business owner who provided the business owner with a homeowner’s policy for a commercial property. The Court ruled that the business owner can bring a breach of contract and bad faith action against the… Read more »
The Pennsylvania Supreme Court has ruled that an offer of a job to an injured worker who moved out of state for family reasons is insufficient grounds to suspend her workers\’ compensation benefits. In Motor Coils Mfg. v. WCAB (Bish), (decided December 27,2006) the Court affirmed the prior decision of the Commonwealth Court denying an… Read more »
The laws in Pennsylvania set forth specific requirements as to which types of employers must secure workers’ compensation insurance coverage. The law indicates that mandatory coverage is required for any employer who: -employ at least one employee who could be injured or develop a work-related disease in Pennsylvania, or -employ an employee who could be… Read more »
