From my experience as a Zoning Board member of a local municipality, I know that many individuals have heard the term “zoning,” but don’t understand what it means or how it affects them as a homeowner. Zoning describes how cities, townships, and boroughs control the use of land and buildings within their jurisdiction. Generally there […]
Has your business offered a job to an individual who is receiving UC benefits and the individual refused the offer?
Section 402(a) of the Pennsylvania Unemployment Compensation Law provides in part: An employee shall be ineligible for compensation for any week in which his unemployment is due to his failure, without good cause, either to apply for suitable work…or to accept suitable work…Provided, that such employer notifies the employment office of such offer within seven […]
Recent Hire Injured?? Calculation of Average Weekly Wage Where Injured Worker Has Not Been Employed for a Complete 13-Week Period.
The method for calculation of an injured workers’ average weekly wage (AWW) is set forth in §309 of the Workers’ Compensation Act. The Supreme Court noted in the case of Triangle Building Center v. WCAB (Linch), 560 Pa. 540, 746 A.2d 1108 (2000) that the mechanics of the legislative scheme set forth in §309 of […]
IRE Provisions of the Workers’ Compensation Act Found to Be Unconstitutional
Background/Case Review On September 18, 2015, the Commonwealth Court filed its decision in Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.), 2015 Pa. Commw. LEXIS 404 (Pa. Commw. Ct. Sept. 18, 2015). In that opinion, the court declared Section 306(a.2) of the Workers’ Compensation Act (hereafter the “Act”), 77 Pa. Stat. Ann. § […]
Travel Expense Reimbursement Revisited
We last visited the issue of travel expenses to obtain medical treatment in our Summer 2012 issue of the TR&C Pennsylvania Workers’ Compensation Bulletin. In that issue, we advised that travel expenses are reimbursable when the travel is considered “long distance,” i.e., is not available locally. Nothing has changed since that issue. We set forth […]
Legal Implications of Electronic Medical Records (EMR) Documentation for Nurses: “Charting” a Better Course
As a medical malpractice defense attorney, I can attest to the important role that medical records play in defending medical negligence lawsuits, especially charting that is done by nurses. Considering that a patient has two years in which to file a medical malpractice lawsuit after the alleged wrongdoing, charting becomes extremely important to defending those […]
Knowing when to say you’re sorry – The Benevolent Gesture Medical Professional Liability Act
In Pennsylvania, the Benevolent Gesture Medical Professional Liability Act provides a level of protection to health care providers seeking to reach out to patients and family members after a less than optimal medical course. In essence, this law excludes from evidence any apology, explanation or similar statement made by a health care provider, prior to […]
Erosion of the “Abnormal Working Condition” Standard for “Mental-Mental” Work-Related Injuries
For nearly three decades Martin v. Ketchum, 568 A.2d 159 (Pa. 1990) has set the standard upon which a claimant may establish a compensable psychological injury as a result of a work-related mental stimulus or “mental-mental” injuries. The Pennsylvania Supreme Court drew the following line in the sand: A claimant must produce objective evidence which […]
Trending Topics in Nursing Depositions
As a medical malpractice defense attorney, I have attended many nursing depositions over the years. A deposition is a question and answer session where the opposing attorney gets to ask the nurse-witness a wide variety of questions about the care that he or she gave to a patient. As I sit through these depositions, I […]
Jones v. MetroHealth – Ohio Court Reduces Damages under Affordable Care Act
Recently, an Ohio court, in Jones v. MetroHealth, Cuyahoga County Court of Common Pleas Case No.757131, recognized an argument by a defendant healthcare entity, reducing an award on the basis of the Affordable Care Act. The relevant arguments as to the Affordable Care Act’s limitations took place in this case in the context of a […]