News

SIGNIFICANT CASE SUMMARIES Virginia Case Summary En & Sh Props. v. Gristo Virginia Court of Appeals 2023 Va. App. LEXIS 716 Decided: October 24, 2023 Claim was not barred for employee misconduct for violation of a safety rule because the Employer failed to meet its burden of proving the existence of a safety rule that… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Hood v. Lincare Holdings, Inc. Supreme Court of Appeals of West Virginia September 2023 term, No. 21-0754 Decided: November 9, 2023 The factfinder (Board of Review) has discretion to use the increased-risk test when deciding whether an employee sustained a compensable injury while the employee was engaged in… read more

The Pennsylvania Commonwealth Court granted an application to publish a Workers’ Compensation case that Burke McLemore of TT&H’s Camp Hill, Pennsylvania office won. Burke persuaded the Workers’ Compensation Judge that the three year statute of repose barred the Claimant’s review and reinstatement petitions despite the Claimant having filed the petitions within three years of having… read more

Alexandra Mitchell, a law clerk in the firm’s Baltimore, MD office and a third-year student at the University of Baltimore School of Law, recently attended the historical posthumous bar admission ceremony for Edward Garrison Draper.  Edward Garrison Draper was a free black man who was over qualified to be admitted to the Maryland Bar.  In… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Charter v. Lehigh Valley Health Network (WCAB) Commonwealth Court of Pennsylvania No. 1152 C.D. 2022 Decided: September 22, 2023 A claimant will not be entitled to litigation costs where he/she does not prevail on a contested issue. Background The claimant sustained a work injury on September 15, 2020, and… read more