News

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 Pennsylvania Case Summaries Tiano v. City of Phila. No. 287 EAL 2023, 2024 Pa. LEXIS 408 Petition for Allowance of Appeal from the Order of the Commonwealth Court granted on March 20, 2024 Supreme Court to review whether self-insured government entities are prohibited from subrogating Heart and Lung benefits from a third-party… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary In Re: Payton No. 1122, 2022 Term Maryland Court of Special Appeals Decided: March 4, 2024 No exceptions to the coming and going rule applied, rendering a claim non-compensable. Background: The Claimant, a police officer, drove to work and from the parking lot used a remote application to clock… read more

SIGNIFICANT CASE SUMMARIES New Jersey Case Summary Latshaw v. Lakewood Twp. Police Dep’t, No. A-3702-21 Superior Court of New Jersey, Appellate Division Decided: March 25, 2024 Being paid while running errands may not be sufficient to establish that a petitioner was in the course and scope of employment. Background: The Petitioner was a dispatcher for… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Tennant v. ACNR Resources, Inc. No. 23-ICA-407 Intermediate Court of Appeals of West Virginia Decided: March 25, 2024 If an employer can show that the claimant sustained a prior injury and/or was symptomatic for the alleged work-related condition prior to an alleged work injury and the fact finder… read more