Hearing location change for Shippensburg approved!

Our law firm went to bat for injured workers in Shippensburg, Pennsylvania.  As one of the unique communities that is divided by a county line, many injured Shippensburg workers had to drive an hour for a workers’ compensation hearing.  Those living in Franklin County had their hearings heard in Chambersburg, a mere fifteen minutes away.  Those living in Cumberland County had to make the hour trek to Harrisburg.

We decided to do something about it.  We sent a letter to the Pennsylvania Department of Labor & Industry, specifically to Deputy Secretary Elizabeth Crum, requesting that all Shippesnburg residents residing in the 17257 zip code have their hearings located in Chambersburg.  We copied and enlisted the support of State Senator Richard Alloway.

We are pleased to report in just two and half weeks the Department has approved our request and is taking action to ensure all Shippensburg workers compensation claims are heard at the Chambersburg hearing location.  We extend our gratitude and thanks to Senator Alloway and Deputy Secretary Crum for their quick, decisive, and positive action to get this right!  No doubt Shippensburg residents who unfortunately suffer a work related injury will now be assured that should their work-related injury require workers’ compensation hearings, they no longer will have to fight traffic and drive an hour to Harrisburg.

This is just one of the many prime examples we can give for Mooney & Associates vigorously representing injured clients in Franklin, Fulton, Cumberland, Perry, Dauphin, Adams, and York Counties.

Allegheny County court denies Facebook discovery

The latest Facebook discovery request case comes out of the Allegheny Court of Common Pleas in a decision authored by the Honorable Stanton Wettick Jr.  In this case, Judge Wettick denied Facebook discovery in a motor vehicle accident litigation case.  In the decision, Judge Wettick balances the level of intrusion versus the value of the discovery requested.

Here, Plaintiff was seeking access to Defendant’s Facebook profile to show the Defendant’s whereabouts at and near the time of the motor vehicle accident.   Defendant argued that he did not drive the vehicle and was unaware who did.  However, in Admissions discovery, Defendant admitted to driving the vehicle.  Judge Wettick denied the request because Plaintiff already had the information he sought in the Admissions.

Additionally, Defendant sought access to Plaintiff’s Facebook to show that Plaintiff did not sustain the serious injuries he had averred.  The photographs that were used by Defendant to show relevance were not dated.  Additionally, Judge Wettick noted that Plaintiff never averred he was bed ridden, therefore, a few photographs showing Plaintiff out socializing were not relevant.  In denying Defendant’s request, Judge Wettick again uses the intrusion to value balancing test as defined in Rule 4011, which bars discovery requests that are unreasonable, an annoyance, embarrassment, oppression, burden, and/or expense.

You can view the text of Judge Wettick’s decision HERE.

The Decision appears to be in line with other Pennsylvania based Facebook discovery request cases, based on reasoning.