News

SIGNIFICANT CASE SUMMARIES VA CASE SUMMARY Johnson v. General Dynamics Corp. Virginia Court of Appeals No. 0645-21-3 Decided: March 8, 2022 The first-aid doctrine does not allow a compensable consequence injury when the first injury was non-compensable, nor when the Claim for Benefits did not specifically include the negligent first-aid injury. Background Claimant’s wife brought… read more

SIGNIFICANT CASE SUMMARIES PA CASE SUMMARIES Geisinger Wyoming Valley Medical Center v. Colleen Drozda (WCAB) Commonwealth Court of Pennsylvania No. 427 C.D. 2021 Decided: February 28, 2022 Even in the absence of medical testimony, a claimant can establish the work-relatedness of a cervical herniation based on obviousness. Background Claimant was assisting a patient when the… read more

SIGNIFICANT CASE SUMMARY NJ CASE SUMMARY In the Matter of Thalia Tretsis Middlesex County Superior Court of New Jersey, Appellate Division A-3683-19 Decided: February 15, 2022 A Functional Capacity Evaluation may be utilized by an employer as grounds for removal from a public position for inability to perform pre-injury job duties. Background Ms. Tretsis sustained… read more

SIGNIFICANT CASE SUMMARY MD CASE SUMMARY Westfield Ins. Co. v. Gilliam In the Court of Appeals of Maryland Filed: February 8, 2022 The statutory offset against underinsured motorist benefits is the amount actually paid to a healthcare provider, not the amount billed by the provider Background Claimant was rear-ended in an automobile accident while driving… read more

SIGNIFICANT CASE SUMMARY DC CASE SUMMARY Forrest J. Hatcher, et al. v. Miracle Electric, et al. District of Columbia Court of Appeals No. 20-AA-173 Decided: February 14, 2022 In a controverted case, the OWC approval of a partial settlement is not a compensation order subject to penalties for late payments. Background In a disputed claim,… read more