News
April 01, 2022
eNotes: Liability – April 2022 – Virginia
SIGNIFICANT CASE SUMMARY VA CASE SUMMARY California Condo. Ass’n v. Peterson Virginia Supreme Court No. 201349 Decided: March 17, 2022 Virginia Supreme Court clarifies standard for evidence in plea in bar hearing. Background Joel Steely Peterson, Jr. and his former wife owned several condominium units managed by the California Condominium Association (“the Association”). In 2006,… read more
March 25, 2022
TT&H Attorney Burke McLemore Secures Win, Proves Lack of Insurance Coverage
TT&H Attorney Burke McLemore recently secured a win against a claim that workers’ compensation coverage was afforded by reason of ‘promissory estoppel.’ The case involved a seriously injured claimant who was employed by the erstwhile ‘insured.’ A policy had previously been issued to the insured, but the insured had not renewed the policy. The case… read more
March 21, 2022
eNotes: Workers’ Compensation – March 2022 – Pennsylvania
SIGNIFICANT CASE SUMMARIES PA CASE SUMMARIES Geisinger Wyoming Valley Medical Center v. Colleen Drozda (WCAB) Commonwealth Court of Pennsylvania No. 427 C.D. 2021 Decided: February 28, 2022 Even in the absence of medical testimony, a claimant can establish the work-relatedness of a cervical herniation based on obviousness. Background Claimant was assisting a patient when the… read more
March 21, 2022
eNotes: Workers’ Compensation – March 2022 – New Jersey
SIGNIFICANT CASE SUMMARY NJ CASE SUMMARY In the Matter of Thalia Tretsis Middlesex County Superior Court of New Jersey, Appellate Division A-3683-19 Decided: February 15, 2022 A Functional Capacity Evaluation may be utilized by an employer as grounds for removal from a public position for inability to perform pre-injury job duties. Background Ms. Tretsis sustained… read more
March 21, 2022
eNotes: Workers’ Compensation – March 2022 – Maryland
SIGNIFICANT CASE SUMMARY MD CASE SUMMARY Westfield Ins. Co. v. Gilliam In the Court of Appeals of Maryland Filed: February 8, 2022 The statutory offset against underinsured motorist benefits is the amount actually paid to a healthcare provider, not the amount billed by the provider Background Claimant was rear-ended in an automobile accident while driving… read more