News

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Lingelbach v. Cummings Bridgeway, LLC (WCAB) Commonwealth Court of Pennsylvania No. 1092 C.D. 2021 Decided: January 4, 2023 A carrier is permitted to recoup overpayment of future benefits. Background Following litigation of a Petition to Modify, the Claimant began receiving reduced compensation. Employer mistakenly paid Claimant’s 20% attorney fee… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary In Re: ST ANDREWS UNITED METHODIST CHURCH, ET AL Unreported Opinion In the Appellate Court of Maryland (formerly the Court of Special Appeals) Filed: January 25, 2023 The 5 year statute of limitations is an affirmative defense which must be plead before the Commission at the initial hearing on… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Miller v. DBHDS / VA Center for Behavioral Rehabilitation Virginia Workers’ Compensation Commission VA00000134818 Decided January 18, 2022 A treating physician offering “to do a PPD rating at the request of the work comp carrier,” by itself, is insufficient to establish disability within 36 months. Background Claimant sustained a… read more

Attorneys Scott McCarroll and Shannon Harkins recently won the dismissal of a million-dollar Dauphin County action which was improperly filed.  The Plaintiff, a partnership, instituted the action via Writ of Summons in the partnership name only.  Plaintiff later tried to amend by filing a Complaint in the name of its partners, trading as the partnership. … read more

SIGNIFICANT CASE SUMMARIES Federal Case Summary Cote v. Schnell Indus. United State District Court for the Middle District of Pennsylvania No. 4:18-CV-01440 Decided: November 9, 2022 A Pennsylvania Federal District Court held that, unless such conduct was the sole cause of the accident, evidence of a plaintiff’s contributory negligence, recklessness, product misuse, and/or assumption of… read more