News

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Pennsylvania Liquor Control Board v. Amato Berardi (WCAB) Commonwealth Court of Pennsylvania No. 147 C.D. 2023 Decided February 8, 2024 The Court found a trip and fall in a public parking lot during a lunch break to be within the course and scope of employment for purposes of the… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Davis v. Wal-Mart Assocs. 80 Va. App. 526, No. 0503-23-3 Court of Appeals of Virginia Decided April 2, 2024 Claimant did not sustain an injury by accident when he could not prove a structural or mechanical change in his body where the treating doctor reviewed pre and post-accident MRI… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary David Duff, II v. Kanawha County Commission Supreme Court of Appeals of West Virginia No. 23-43 Decided: April 22, 2024 Supreme Court addresses employers’ burden in proving “definitely ascertainable impairment” in impairment rating cases. Background This case involved a low back injury, with the Claimant undergoing fusion surgery…. read more

SIGNIFICANT CASE SUMMARIES Federal Case Summary Hazen v. Woodloch Pines Resort United States District Court for the Middle District of Pennsylvania No. 3:21-CV-00174 Decided: February 16, 2024 Defendant’s Motion for Summary Judgment pursuant to assumption of risk doctrine denied where Plaintiff lacked awareness of “specific risk” and were genuine issue of material fact existed as… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Hangey v. Husqvarna Prof’l Prods., Inc. Pennsylvania Supreme Court No. 14 EAP 2022 Decided: November 22, 2023 Lawsuit against lawnmower manufacturer was properly venued in Philadelphia County where company had authorized dealer in Philadelphia who did regular business there. Background This case arises out of a lawnmower accident. Ronald… read more