Pennsylvania Case Law

Another victory in the battle over workers’ compensation impairment ratings

Since 2012, our firm has been leading the challenge to the unconstitutionality of the current impairment rating evaluation (IRE) process in Pennsylvania. We have filed numerous briefs explaining in detail why the Commonwealth of Pennsylvania, Bureau of Labor & Industry’s adoption the guidelines used in the 5th and 6th editions of the AMA Guides violated the Pennsylvania Constitution. In […]

Commonwealth Court Declares Current IRE Process Unconstitutional in Workers’ Compensation Cases

September 18, 2015 — In Protz v. Workers’ Compensation Appeal Board (Derry Area School District), No. 1024 C.D. 2014 (Pa.Cmwlth., September 18, 2015), a divided en banc panel of the Commonwealth Court ruled that the use of the 5th and 6th Editions of the AMA Guides to the Evaluation of Permanent Impairments to determine an injured […]

Supreme Court Clarifies When Notice of Ability to Return to Work is Required in Pa. Workers’ Compensation Claims

The Pennsylvania Supreme Court unanimously ruled on May 26, 2015 in School District of Philadelphia v. WCAB (Hilton) that an employer is not required to provide an injured employee with a Notice of Ability to Return to Work (NARW) form when the employee has not yet filed a Claim Petition and has therefore never proven his or […]

Pennsylvania Supreme Court Rejects Challenge to Statutory Limit on Damages Recoverable Against Local Government Agencies

In Zauflik v. Pennsbury School District, the Pennsylvania Supreme Court rejected a challenge to the damages cap of $500,000 applicable to claims against local government agencies under the Tort Claims Act, 42 Pa. C.S. §§ 8501-8564.  The case involved a school student who suffered severe and permanent injuries when she was struck by a school […]

Pennsylvania Supreme Court Rejects the Restatement (Third) of Torts: Products Liability

In a much anticipated opinion, the Pennsylvania Supreme Court finally held that Pennsylvania will not depart from the strict liability standard for product liability cases set forth in Section 402A of the Restatement (Second) of Torts.  In recent years, a divide arose between those favoring the existing strict liability standard and advocates for adopting the […]

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