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Courts will allow plaintiffs time to develop proofs in order to conform to the court’s eve-of-trial dictates.
The plaintiff alleged the defendants negligently failed to develop evidence and expert testimony concerning the brain injury and economic loss he suffered as the result of a slip and fall accident.
Case Law Alerts, 4th Quarter, October 2019
The 2nd DCA expands Florida’s five-year statute of limitations to articles of incorporation in community associations.
Although Florida courts previously held that the five-year statute of limitations set forth in Florida Statute § 95.11(2)(b) applied to restrictive covenants, the 2nd DCA recently expanded this limitation to encompass amendments to
Case Law Alerts, 4th Quarter, October 2019
Involuntary commitment for observation pursuant to § 302 of Pennsylvania Mental Health Procedures Act is not an adjudication or commitment under 18 U.S.C. § 922(g)(4) sufficient to deny an application for purchase of or possession of a firearm.
Eastern District of Pennsylvania Judge Schmehl found that an involuntary commitment for observation pursuant to Section 302 of the Pennsylvania Mental Health Procedures Act (50 P.S.
Case Law Alerts, 4th Quarter, October 2019
Does termination from employment prevent an employer from arguing voluntary limitation of income with regard to temporary partial disability benefits?
Temporary partial disability benefits are payable to an injured employee if he has not reached overall maximum medical improvement and the medical condition creates restrictions on his ability to work.
Case Law Alerts, 4th Quarter, October 2019
Originally authorized physician must be “in the same specialty as the changed physician.”
The First District Court of Appeals reversed and remanded the Judge of Compensation Claim’s ruling that allowed the employer to select an anesthesiologist for the claimant’s one-time change request from a physical medicine and rehabili
Case Law Alerts, 4th Quarter, October 2019
First DCA affirms the claimant as an independent contractor.
This case was bifurcated on the issue of compensability, specifically to determine whether the claimant was working as an independent contractor or as an employee of the condominium association at the time of his accident.
Case Law Alerts, 4th Quarter, October 2019
Mentioning an expert medical advisor during opening/closing arguments does not establish timely request.
The Judge of Compensation Claims held that the claimant’s mention of an expert medical advisor (EMA) during opening and closing arguments did not constitute a timely request.
Case Law Alerts, 4th Quarter, October 2019
First DCA finds that ex parte conferences with treating physicians do not violate right to privacy.
The claimant appealed an order denying her claim for temporary disability benefits.
Case Law Alerts, 4th Quarter, October 2019
Not considering testimony that overtime work was expected results in incorrect AWW. Suspending benefits for pre-trial incarceration is improper under § 306 (A.1).
The Commonwealth Court reversed the decisions below. The court noted that the dispute as to the claimant’s average weekly wage was whether the claimant was expected to work more than 40 hours per week.
Case Law Alerts, 4th Quarter, October 2019
A motor vehicle accident while traveling home from a company celebration with co-workers was not in the course and scope of claimant’s employment.
On appeal to the Commonwealth Court, the claimant argued that he was in the course and scope of his employment at the time of the accident because he was a traveling employee on his way home from a work-sponsored event.
Case Law Alerts, 4th Quarter, October 2019