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TT&H eNotes Newsletters
March 01, 2022
eNotes: Liability – March 2022 – Pennsylvania
PENNSYLVANIA CASE SUMMARIES Lageman v. Zepp Pennsylvania Supreme Court No. 21 MAP 2021 Decided: December 22, 2021 The legal doctrine of res ipsa loquitor, “the thing speaks for itself,” is available in medical malpractice actions even when direct evidence is presented to support a claim for traditional negligence. Background In this medical malpractice action, Plaintiff… read more
March 01, 2022
eNotes: Liability – March 2022 – Federal
FEDERAL CASE SUMMARIES Mears v. Connolly United States Third Circuit Court of Appeals No. 21-1148, ___ F.4th ____ Decided: February 3, 2022 Nurse assigned to supervise visit at state psychiatric hospital who failed to protect visitor from violent actions of psychiatric patient is not immune from suit under the New Jersey’s Tort Claims Act Background… read more
February 21, 2022
eNotes: Workers’ Compensation – February 2022 – New Jersey
SIGNIFICANT LEGISLATIVE UPDATE NJ LEGISLATIVE UPDATE New Jersey Bill A2617/S2998 Creates a “Hiring Preference” for employees with a prior work injury who are released to MMI On September 24, 2021, Governor Murphy signed Bill A2617/S2998 into law. While the impact of the law remains unclear, the purpose of the law is to create a “hiring… read more
February 21, 2022
eNotes: Workers’ Compensation – February 2022 – West Virginia
SIGNIFICANT CASE SUMMARIES WV CASE SUMMARY Blue Flame Pipeline, LLC v. James Thomas State of West Virginia, Supreme Court of Appeals No. 20-0291 (Memorandum Decision) Decided: June 23, 2021 Even though the claims administrator never received a WC-1 Report of Injury, notice was sufficient under WV Code §23-4-15(a) because the claims administrator had actual notice… read more
February 21, 2022
eNotes – Workers’ Compensation – February 2022 – Washington, DC
SIGNFICANT CASE SUMMARIES DC CASE SUMMARY Howard University Hospital, et al. v. Lyles, et al. District of Columbia Court of Appeals No. 20-AA-405 Decided: January 27, 2022 When judging permanency, apportionment is not permitted for preexisting conditions allowed; whether Employers are entitled to a dollar-for-dollar credit for any previous permanency payments remains undecided Background Claimant… read more