News & Publications

PA Update – The Supreme Court of Pennsylvania holds that the Workers’ Compensation Act does not preclude the award of attorney fees to a claimant even if an employer establishes a reasonable basis for seeking a termination of benefits in Lorino v. Workers’ Comp. Appeal Bd. (Commonwealth), 266 A.3d 487 (Pa. 2021).

A PennDOT equipment operator suffered an injury on August 22, 2016.  The employer’s workers compensation carrier, InServco, accepted liability for a low back sprain/tear and a left hip sprain/tear pursuant to two medical only notices of compensation payable.  The employee did not miss any work because of his injury and did not receive indemnity benefits […]

PA Update – The Third Circuit Court of Appeals Rules that Inter-Policy Stacking Waivers Must Be Explicit to Be Enforceable Under Pennsylvania Law

The Third Circuit Court of Appeals affirmed entry of summary judgment in favor of an under-insured motorist plaintiff in a dispute involving inter-policy stacking. Donovan v. State Farm Mut. Auto. Ins. Co., 2022 U.S. App. LEXIS 4232, — A.3d — (3rd Cir. 2022). In that matter, the plaintiff was involved in a motorcycle accident and […]

PA Update – In an era of COVID-19, an employer’s willful and wanton disregard of their employee’s safety does not waive the Workers’ Compensation Act immunity from civil suit

In December 2021, the Eastern District of Pennsylvania addressed the issue of whether an employer’s willful or wanton disregard for an employee’s safety by deliberately exposing its employees to the COVID-19 virus was sufficient to overcome the exclusivity provisions of the Workers’ Compensation Act in Barker v. Tyson Foods, Inc., No. 21-223 (E.D. Pa. Dec. […]