News

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Hanson v. Depot LBX, Inc. United States District Court for the Western District of Virginia No. 6:24-cv-00026 Decided: November 8, 2024 A defendant who removes a case from state to federal court before being served does not violate the federal “Forum Defendant Rule.” Background Plaintiff filed a personal injury… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Perry v. Mid Atlantic Hose Center, LLC (WCAB) No. 850 C.D. 2023 Commonwealth Court of Pennsylvania Decided: Sept. 17, 2024 The failure to list all treating physicians in a UR request does not necessarily invalidate the UR process. Background On June 17, 2021, Employer requested a utilization review (UR)… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summaries Eloirzazi v. AM Communications Intermediate Court of Appeals of West Virginia No. 24-ICA-110 Decided: October 28, 2024 To expand a compensable injury to include new conditions, a claimant must prove the conditions are causally related to the work injury. To reopen a case for TTD benefits, a claimant… read more

SIGNIFICANT CASE SUMMARIES Federal Case Summaries Mid-Century Ins. Co. v. Werley United States Court of Appeals for the Third Circuit No. 23-1822 Decided: September 5, 2024 Court addresses validity of UIM household exclusion. Background A 15-year-old, Levi Werley, was injured while riding an uninsured motorized dirt bike. The driver who struck him had insufficient insurance… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Spinelli v. Fallon Pennsylvania Superior Court Nos. 892 EDA 2023, 893 EDA 2023 Decided: August 22, 2024 Superior Court reverses the Trial Court’s grant of Preliminary Objections because it erred in ruling that the lis pendens doctrine applied. Background The dispute stemmed from an automobile accident that rendered Plaintiff… read more