Author Archives: Brad Pinzur
Pennsylvania Case Shows Intersection of Auto Accident and Workers’ Compensation Damages
Car accidents can form the basis of a personal injury claim or can be a part of a workers’ compensation claim. As noted before, injuries can qualify for workers’ compensation if they occur during the course of employment. A major question in the recent case, Washington v. Nat’l Freight Industries, Inc., was whether the… Read More »
Pennsylvania Commonwealth Court Decision Reviews Workers’ Compensation Independent Rating Evaluation
In Pennsylvania workers’ compensation cases, medical expert testimony and impairment rating evaluations guide whether or not an injured worker receives benefits, how much those benefits are, and whether or not a modification is appropriate. A recent Commonwealth Court decision, IA Construction Corp. v. Rhodes, demonstrates the need for aggressive representation when modifications are sought… Read More »
Superior Court of Pennsylvania Allows Injured Man to Continue Slip And Fall Suit
With the recent severe winter, many Pennsylvania residents have fallen and injured themselves on the icy sidewalks outside businesses. Shops and businesses have the duty to keep their premises safe for the invited patrons, including walkways and entrances. The Superior Court of Pennsylvania recently overturned a decision in favor of a mall, allowing an… Read More »
Understanding Pennsylvania Comparative Negligence Law and Its Effect on Damages
In personal injury suits, Pennsylvania allows juries to consider whether or not the injured party was also negligent. If the fact finder determines the injured party was 51% or more negligent, he or she is unable to recover any damages. The injured party may still recover though, if he or she was responsible for… Read More »
Superior Court of Pennsylvania Case Reviews When Specific Claims For Serious Injury Must Be Filed in Personal Injury Suit
A Pennsylvania couple injured in a car accident was recently granted relief by the Superior Court when the decision of summary judgment against them was reversed and remanded. The couple had elected the limited tort option when they purchased automobile insurance. The limited tort option under the Motor Vehicle and Financial Responsibility Law (MVFRL)… Read More »
Pennsylvania Workers’ Compensation Case Provides Thorough Analysis of Impairment Rating Evaluations and Maximum Medical Improvement in Claims Process
Anyone who files a workers’ compensation claim in Pennsylvania will quickly become acquainted with the terms used and the procedures required of the claimant. When an injury occurs, temporary benefits are often quickly granted to assist with the costs of medical care and lost wages. Pennsylvania workers’ compensation laws set limits as to how… Read More »
Understanding Pennsylvania Personal Injury Law Dealing with Multi-Vehicle Accidents
Severe weather has hit Pennsylvania this winter, and drivers are at risk for serious car accidents that can result in fatalities and catastrophic injuries. With injuries that are so extreme, the costs of medical care and missed wages from being off work can add up quickly. In a multi-vehicle pile-up, like one that occurred… Read More »
Pennsylvania Liquor Store Manager Holds Onto Workers’ Compensation Benefits for Mental Injuries Received During a Robbery
The Pennsylvania Commonwealth Court recently upheld an award of workers’ compensation benefits to a liquor store manager who was robbed at gun point while working. The worker had a gun pointed at the back of his head while the robber forced employees to empty out the cash registers. At one point, the injured manager… Read More »
Supreme Court of Pennsylvania Considers Whether to Adopt Different Legal Standards for Strict Liability
When injuries occur because of faulty products, it can initially be difficult to realize that a defective product was the cause, and that the manufacturer or seller of the product should be held responsible. Pennsylvania law is controlled by Section 402A of the Restatement 2d of Torts, which states that a seller of a… Read More »
What Happens When a Auto Accident Involves Out-of-State Policies or Drivers?
Pennsylvania frequently encounters out-of-state motorists, and Pennsylvania residents regularly travel to and from nearby states. If an auto accident occurs between two residents of different states, questions quickly arise as to who is entitled to what coverage, and which state’s laws apply. In Pennsylvania, Uninsured and Underinsured Motor Vehicle coverage is not a mandatory… Read More »
