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SIGNIFICANT CASE SUMMARIES Virginia Case Summary Clutteur v. Rosier Virginia Court of Appeals No. 0104-22-3 Decided: October 31, 2023 The failure to timely substitute a personal representative for a deceased defendant renders the action a legal nullity with no legal effect. Background In January of 2017, Plaintiff was allegedly injured in a car accident with… read more

SIGNIFICANT CASE SUMMARIES AND CLIENT ADVISORY Pennsylvania Case Summaries & Client Advisory CLIENT ADVISORY – Statewide Average Weekly Wage and Maximum Compensation Rate Adjustment for 2024 Every year, the Pennsylvania Department of Labor & Industry adjusts the statewide average weekly wage and compensation rate calculation formula. All injuries that occur on or after January 1,… read more

SIGNIFICANT CASE SUMMARY New Jersey Case Summary Keim v. Above All Termite & Pest Control 2023 N.J. LEXIS 1224 Superior Court of New Jersey, Appellate Division Decided: November 21, 2023 An employee injured while driving a company vehicle to further the employer’s business purposes may be within the course and scope of employment. Background An… read more

SIGNIFICANT CASE SUMMARIES AND CLIENT ADVISORY Washington, DC Case Summaries & Client Advisory CLIENT ADVISORY – DC Passes an Extension of Temporary Legislation Impacting Jurisdiction in Workers’ Compensation Cases. Lawmakers passed a resolution which temporarily amends the D.C. Code § 32-1503 (a-1). This portion of the statute completely bars injured workers from obtaining benefits in… read more

SIGNIFICANT CASE SUMMARY West Virginia Case Summary West Virginia Division of Highways v. Victor Shultz, Jr. Intermediate Court of Appeals of West Virginia No. 23-ICA-244 Decided: November 1, 2023 Counsel fees were not warranted for the overturned denial of compensation where the Employer had a reasonable argument that the injury did not result from the… read more