Pennsylvania Supreme Court strikes down IRE provisions in Workers Compensation Act

Attorneys across the Commonwealth of Pennsylvania have been waiting for the Pennsylvania Supreme Court to clarify the status of the Impairment Rating Evaluation section of the Act, since the Commonwealth Court struck down provisions and remanded the case back to a Workers Compensation Judge.   The PA Supreme Court issued it’s decision as I sat in a workers compensation hearing around […]

PA Justice Michael Eakin resigns over porn emails

The porn email scandal in Pennsylvania has now claimed a second Pennsylvania Supreme Court Justice.  Justice Michael Eakin, who has been under suspension by the Pennsylvania Judicial Conduct Board, has retired amid the scandal.  Eakin was suspended back in December. The Judicial Conduct Board, an ethics panel for judges, in a complaint last year said Eakin, 67, a Republican, “detracted […]

Democrats sweep PA Supreme Court and other State Judicial Races

It was a good night for Pennsylvania Democrats.  It was also a good night for Plaintiffs and Claimants. After a record setting $16 million was spent on state judicial races, the Democrats swept three Pennsylvania Supreme Court seats, taking a 5-2 majority control, and likely ensuring control of the state’s high Court for the next decade.   Previously, the Republicans […]

PA Supreme Court to remain short-handed

You can read it here. With Centre County President Judge Thomas Kistler’s announced withdrawal, the state’s high court will remain at five of seven seats, likely until the November elections.  Democrat Ken Gormley, was was the other high court nominee, will sit and watch his nomination die. Currently, the Supreme Court is divided at 3-21 for the GOP.  The Senate […]

NEWS: PA Justice Seamus McCaffery Suspended over Porn Email Allegations

The Pennsylvania Supreme Court has suspended Justice Seamus McCaffery over the allegations rising from the widening porn email scandal gripping Harrisburg.  In the Order by the seven remaining justices, the case will be forwarded to the Judicial Conduct Board to determine if formal misconduct charges should be filed against Justice McCaffery.   Justice McCaffery has been involved in a recent […]

PA Court: Employer has burden to prove injured worker is not a legal, documented worker

The Pennsylvania Supreme Court took up the issue of which party bears the burden of proving whether an injured worker is ineligible for workers compensation benefits because they are in the United States illegally.   The answer the Court provided was that the burden to prove an injured worker is illegal lies with the employer, not the employee. In this […]

PA Supreme Court upholds Attorney-Expert privilege

A divided Pennsylvania Supreme Court has affirmed the Attorney-Expert privilege rule that protects communications between a treating doctor in a persona injury suit and Plaintiff’s legal counsel, if the treating doctor will be the case  expert.  The PA Supreme Court affirmed by a 3-3 split vote, in upholding a 2011 ruling by the Pennsylvania Superior Court, that barred an Orthopedic […]

Liquor Store Robbery is Not a Normal Working Condition

The Pennsylvania Supreme Court has handed down a ruling that post-traumatic distress disorder suffered by an employee of a Pennsylvania state liquor store, as a result of an armed robbery, is in fact a compensable work injury.  The decision reverses a 2011 decision by the Commonwealth Court that denied workers compensation benefits. The case revolved around the issue of whether […]