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Act 111, which enacted the Impairment Evaluation Provisions of Section 306(a.3) of the Pennsylvania Workers’ Compensation Act, is applicable to injuries sustained prior to its effective date and is not an unlawful delegation of legislative authority.
In this case, the claimant sustained a work injury on February 12, 2006. Subsequently, an IRE was performed on September 5, 2008, and an impairment rating of 0% was given.
What’s Hot in Workers’ Comp, Vol. 27, No.
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What’s Hot in Workers’ Comp, Vol. 27, No.
Security Camera Video from Elementary School Had to Be Produced Pursuant to OPRA
In the recent case of Zezza v. Evesham Twp. Bd.
Legal Updates for New Jersey Public Entity & Civil Rights, J
Sanctions awarded after court determines insurer knew/should have known its improper venue defense was not supported by application of existing law to material facts where same clause had been determined ambiguous by District Court of Appeal.
This suit involved the defendant’s failure to pay the plaintiff’s claim for PIP benefits for treatment rendered to Mr. Rither.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court grants defendant’s motion to dismiss and compel arbitration.
This suit was brought as a breach of contract action for failure to pay PIP benefits. In response to the plaintiff’s complaint, Plymouth Rock filed a motion to dismiss and compel arbitration.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
When confronted with evidence that defendant could have avoided accident, a finding that weather caused accident is inappropriate. Court also affirmed lower court’s ruling that strict adherence to specific city’s notice of claim form was not required.
The plaintiff was involved in a motor vehicle accident with a snowplow driver for the City of Kearney.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey Superior Court concludes that grant of summary judgment on basis of New Jersey Tort Claims Act was improper because a genuine issue of material fact existed regarding the cause of motor vehicle accident.
The trial court found that the defendant/township and its snowplow driver were entitled to summary judgment after an accident that occurred while the snowplow driver was plowing the roads and collided with the plaintiff.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
As a result of plaintiff’s unauthenticated exhibits and premature filing of suit, court sided with defendant and strengthened case law for insurance carriers looking to dismiss lawsuits filed primarily to obtain attorney fees.
This suit involved a potential confession of judgment due to the insurance carrier issuing a partial payment on the claim after suit was filed.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.