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March 07, 2023

eNotes: Workers’ Compensation – February 2023 – Pennsylvania

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

March 07, 2023

eNotes: Workers’ Compensation – February 2023 – Maryland

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

March 07, 2023

eNotes: Workers’ Compensation – February 2023 – Virginia

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

March 06, 2023

TT&H Attorneys Scott McCarroll and Shannon Harkins Win the Dismissal of a Million-Dollar Action Improperly Filed By a Partnership

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

March 01, 2023

eNotes: Liability – March 2023 – Federal

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

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