TO BARRICK OR NOT TO BARRICK

August 05, 2014 by connorsodell

By Kevin L. Connors, Esquire With apologies to the Immortal Bard, as well as to the most famous and eloquent soliloquy in the English language, resonating in existential self-reflection, the Pennsylvania Supreme Court’s recent Decision in Barrick v. Holy Spirit Hospital requires consideration on several Vulcan mind-meld levels, to include the scope of discovery, what constitutes an… Read more »

WEARABLES AND WORKERS’ COMP

August 05, 2014 by connorsodell

By Kevin L. Connors, Esquire Dear Client: The following is an interesting illustration of technical advances in our respective practices by our good friend, Robert Wilson, the President and CEO of WorkersCompensation.com, with Bob recently publishing the following article on his humanizing and humorous blog site “From Bob’s Cluttered Desk”, as Bob’s thoughts are never… Read more »

SAVE THE DATE!

August 05, 2014 by connorsodell

By Kevin L. Connors, Esquire To All Workers’ Compensation Practitioners and Clients: The National Workers’ Compensation Defense Network has announced its’ 2014 Fall Seminar, returning to beautiful downtown Chicago, IL, on September 24, 2014, the date that the NWCDN will be hosting its Cocktail Guest Reception, as well as September 25, 2014, when the NWCDN… Read more »

THE LATEST BUZZ: UIM AND BEYOND

July 02, 2014 by connorsodell

By Kevin L. Connors, Esquire Recently, a Decision rendered by the Honorable Nitza Quinones Alejandro of the United States District Court for the Eastern District of Pennsylvania found that a non-binding ADR Arbitration Award in favor of a Plaintiff in a Third-Party personal injury motor vehicle liability case precluded the same Plaintiff from then pursuing… Read more »

THE PA SUPREME COURT HAS AGREED TO DECIDE IF THERE IS A DIRECT RIGHT OF WORKERS’ COMPENSATION SUBROGATION IN PENNSYLVANIA

June 04, 2014 by connorsodell

by Robert F. Horn, Connorslaw LLP On May 29, 2014, the Pennsylvania Supreme Court granted our Petition for Allowance of Appeal in Liberty Mutual as Subrogee of George Lawrence v. Domtar Paper [“Domtar”], 77 A.3d 1282 (2013). The Domtar case arises from a slip and fall where the workers’ compensation carrier proceeded in subrogation against… Read more »

EMPLOYEE MISCLASSIFICATION ISSUES

May 22, 2014 by connorsodell

EMPLOYEE MISCLASSIFICATION ISSUES By Kevin L. Connors, Esquire I. The Problem: — Critical distinctions exist between employees and independent contractors. — If you hire it, it must be an employee. — Historically, the lines distinguishing employees from independent contractors have been ambiguous in certain fields, to include construction, service-related industries, transportation and delivery services, maintenance… Read more »

FORMOLOGY UNDER PENNSYLVANIA WORKERS’ COMPENSATION LAW

May 19, 2014 by connorsodell

By Kevin L. Connors, Esquire In a brave and emboldened attempt to chart a Pennsylvania workers’ compensation claim by tracing the etiology of forms necessary to accept, deny, and/or administer the claim under the Pennsylvania Workers’ Compensation Act, this is intended to assist all Pennsylvania stakeholders, whether employers, insurance carriers, third-party administrators, as well as… Read more »

PENNSYLVANIA SUPREME COURT AFFIRMS STATUTORY EMPLOYER IMMUNITY FOR GENERAL CONTRACTORS IN CONSTRUCTION ACCIDENT LITIGATION

April 30, 2014 by connorsodell

By Kevin L. Connors, Esquire Without question, construction accidents account for a significant number of personal injury lawsuits, being no less true with respect to workers’ compensation claims. Historically, the intersection between personal injury and workers’ compensation had created a unique statutory defense for general contractors who met the five part test first articulated by… Read more »

DEFAULT AT THE DELI OR HOW NOT TO ARGUE TO OPEN A DEFAULT JUDGMENT

April 21, 2014 by connorsodell

By Kevin L. Connors, Esquire In Stabley v. Great Atlantic & Pacific Tea Co., Great Atlantic being the parent company for Pathmark, the Superior Court issued a Decision, dated April 10, 2014, which reads like a “what not to do” when seeking to Open a Default Judgment that has been entered for the failure to… Read more »

“SHOW ME THE MONEY!”

April 21, 2014 by connorsodell

By Kevin L. Connors, Esquire Sound familiar? It is an all too familiar refrain in the context of workers’ compensation subrogation recoveries, with insurers simply seeking the equitable redistribution of no-fault compensation dollars paid by compensation insurers as a result of third-party negligence. A recent Commonwealth Court Decision in Natasha Young v. WCAB (Chubb Corporation),… Read more »