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LEGAL ROUNDUP - Pennsylvania

Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge. Pennsylvania Superior Court holds that, under Section 311 of MCARE, matters reviewed do not require a document be specifically reviewed by a patient safety committee. Pennsylvania Supreme Court holds that No Felony Conviction Recovery Rule barred medical malpractice and indemnification claims.Dinardo v. Kohler, 304 A.3d 1187 (Pa. 2023) The Quarterly Dose – May 2024, has been prepared for our readers by Marshall Dennehey.

Excluding counsel fees from payment of future medical benefits based on future medical expenses as speculative is contrary to Sec. 306(f.1)(7) of the Act, which prohibits provider from billing claimant for any costs relating to care under the Act.

In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The judge also approved a 20% Fee Agreement between the claimant and her counsel, but as to indemnity benefits only. What’s Hot in Workers’ Comp, Vol. 28, No.

Under Section 440 of the Act, an unreasonable contest will always result in an award of attorney’s fees and a reasonable contest may result in an attorney’s fee award.

In this case, a workers’ compensation judge granted a Claim Petition and ordered payment of benefits for a September 17, 2020, work injury, but only through June 24, 2021, at which time, the judge found that the claimant had fully recovered from t What’s Hot in Workers’ Comp, Vol. 28, No.