Full Coverage Does Not Necessarily Mean Full Tort, Choose Wisely

Do you know the difference between “Full Coverage” and “Full Tort?”  Over the years I have had the opportunity to discuss these insurance terms with a lot of folks who learned the hard way what these mean.  I can’t tell you how many times I’ve asked a potential client whether they have “Full Tort” and the potential client responds “Yes, I have Full Coverage.”  Unfortunately, “Full Coverage” does not necessarily mean that the person has “Full Tort.”  You can have…

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What types of Workers’ Compensation Settlements are there?

Not only do I frequently get asked if a workers' compensation settlement, or otherwise known as, a compromise and release agreement, is right for a specific client, but also, what types of settlements are there for workers' compensation.  This post will explore what I see as the three type of compromise and release agreements for settling your workers' compensation claim. 1.   Wage Loss Only:  This type of settlement fully settles your wage loss benefit only.  What does that mean?  It…

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PA Supreme Court scales back Asbestos exposure

The Pennsylvania Supreme Court has decided in a recent asbestos case that mere exposure to asbestos is not sufficient to prove a link to asbestos related cancer.  Instead, the Court said Plaintiffs would have to establishment a relationship between the exposure and the development of the disease. "Simply put," the court said in its 53-page opinion, "one cannot simultaneously maintain that a single fiber among millions is substantially causative, while also conceding that a disease is dose-responsive." Essentially, the Plaintiff's…

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Claimant’s should hire an Attorney for Pennsylvania workers compensation

A recent article in the Claims Journal looks at various reasons and socio-economic groups that tend to hire Attorney's to represent them in workers' compensation cases.   Interesting, as you can tell, the article takes the approach that sometimes, Attorney's are unnecessarily involved.  Given the fact the article is written by the insurance industry, that fact is not surprising. The reality of workers compensation is that insurance carriers and employers, in their quest to control costs, often attempt to move…

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PA Justice Orie-Melvin to step aside to fight criminal charges

Pennsylvania State Supreme Court Justice Jane Orie Melvin turned herself in this morning to face nine criminal charges against her, filed by Allegheny County District Attorney Stephen Zapala.  "In order to avoid the appearance of impropriety and in accordance with precedent, Justice Orie Melvin is voluntarily recusing herself from all judicial duties pending resolution of the criminal charges," wrote William I. Arbuckle III, who has been representing the justice in a pending Judicial Conduct Board investigation. He continued, "She is not…

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Burden of a Proof after 500 weeks upheld

The Pennsylvania Commonwealth Court applied the standard burden of proof in Reinstatement of benefits to the exhaustion of 500 weeks of Partial Disability Benefits.  When a Claimant files a Reinstatement Petition to be reinstated to full total disability benefits, he must meet the burden in showing a worsening condition.  However, what about after the Claimant reaches the statutory 500 week limit on partial disability benefits and a funded light duty job is terminated? The Court address this very issue in Sadisky…

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PA Superior Court grants summary judgment in dog bite case

The Pennsylvania Superior Court has granted summary judgment in a personal injury case involving a dog bite on a child.  The mother of the victim child filed a personal injury action against the Landlord of the property averring that the Landlord was in control of the property and knew or should have known of the violent tendencies of the dog. The Court upheld the rule that in order for a Landlord to be liable for a dog bite, the Landlord…

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The Firm!

As a second introductory post, we introduce you to the 2012 Mooney & Associates attorneysFrom left to right sitting:  Attorney Jeff Lawrence, Founding Partner John Mooney, Attorney Jason ImlerFrom left to right standing:  Attorney Tyann Miller, Attorney Mark Buterbaugh, Attortney Katrina Luedtke, Attorney Rachel Shreck, Attorney Judy Miller, Attorney Goerge Swatrz, and Attorney Amy Ehrhart ZRDQZWW5XX79Visit us online at http://www.mooney4law.com

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Welcome to our personal injury blog

As an introductory post, we wish to welcome readers to the official Personal Injury blog of Mooney & Associates.  We are a south central Pennsylvania law firm serving the communities of Hanover, Gettysburg, York, Harrisburg, Chambersburg, Carlisle, Shippensburg, Mercersburg, Greencastle, and Waynesboro and Waynesboro areas.  Our firm vigorously represent clients in personal injury, family law, criminal defense, wills and estate law, and business law.  The focus of this Blog is dedicated to the personal injury practice of the firm.  Our…

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