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Weekly Caselaw Updates

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Kamp v. Green Acres Contracting Co.

An en banc panel of the Pennsylvania Commonwealth Court affirmed the order, which denied Claimant’s petition seeking to limit the subrogation interest of Green Acres Contracting Co. (“Employer”) under Section 319 of the Workers’ Compensation Act (“Act”). The issues were “whether Section 319 of the Act violates article I, section…

Kamp v. Green Acres Contracting Co.
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court affirmed the order, which denied Claimant’s petition seeking to limit the subrogation interest of Green Acres Contracting Co. (“Employer”) under Section 319 of the Workers’ Compensation Act (“Act”). The issues were “whether Section 319 of the Act violates article I, section 1 and article III, section… Continue reading Kamp v. Green Acres Contracting Co.

Henderson v. WP Ventures, Inc. (Workers Comp. Appeal Bd.)
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court heard the claimant’s petition for review after a Workers’ Compensation Judge found that the petitioner was “in the course of his employment” when he was injured. The claimant slipped on ice as he was about to take a cigarette break, calling into question the “personal comfort” rule. The WCJ held that… Continue reading Henderson v. WP Ventures, Inc. (Workers Comp. Appeal Bd.)

An en banc panel of the Pennsylvania Commonwealth Court held that a school district’s decision to expel G.S. violated his constitutionally protected right to free speech. G.S.’s expulsion resulted from the district’s determination that G.S. had violated its Student Discipline Code by posting violent song lyrics on Snapchat, even though G.S. had put up the… Continue reading In re G.S.

Sadler v. Philadelphia Coca-Cola (Workers Comp. Appeal Bd.
Pennsylvania Commonwealth Court

After adverse rulings from a Workers’ Compensation Judge and Workers’ Compensation Appeal Board, a claimant petitioned for review in the Commonwealth Court claiming that his employer should not have been permitted to terminate his workers’ compensation benefits. The Commonwealth Court affirmed, holding (1) Section 204(a) of the Workers’ Compensation Act, which sets forth an offset… Continue reading Sadler v. Philadelphia Coca-Cola (Workers Comp. Appeal Bd.

Ladley v. Pa. State Educ. Assoc.
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court reversed the trial court’s summary judgment order. Teachers filed a declaratory judgment action and civil rights case, challenging the constitutionality of the Pennsylvania State Education Association’s (PSEA) collection of fair share fees and its implementation of the religious objector provisions of the Pennsylvania Fair Share Law.… Continue reading Ladley v. Pa. State Educ. Assoc.

Vazquez-Santiago v. PENNDOT
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court affirmed the trial court’s order, which sustained Licensee’s appeal of the suspension of his driving privileges. Licensee was stopped and arrested on suspicion of DUI. He was asked to submit to a blood test to determine his blood alcohol concentration. He allegedly refused, resulting in the… Continue reading Vazquez-Santiago v. PENNDOT

Carbon Lehigh Intermediate Unit #21 v. Kimberly Waardal
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court affirmed the Workers’ Compensation Appeal Board, which denied Employer a credit against its payment of workers’ compensation benefits for Federal Pandemic Unemployment Compensation benefits Claimant received under Section 2104(b)(1) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The sole issue was whether Pandemic Compensation under the CARES Act constituted… Continue reading Carbon Lehigh Intermediate Unit #21 v. Kimberly Waardal

Commonwealth v. Monsanto Co.
Pennsylvania Commonwealth Court

An en banc panel of the Commonwealth Court reviewed preliminary objections in an environmental action filed by the state against Monsanto and its successors for public nuisance, trespass, design defect, failure to warn and instruct, negligence, and unjust enrichment for the company’s PCB contamination of the state’s waters. In an 84-page opinion, the Court ruled… Continue reading Commonwealth v. Monsanto Co.

Seaview Harbor Realignment Comm., LLC v. Twp. Comm. of Egg Harbor Twp.
New Jersey Appellate Division

A neighborhood in Egg Harbor Township filed a petition for deannexation under N.J.S.A. 40A:7-12, seeking to annex their small community to the neighboring Borough of Longport. The township referred the matter to its Planning Board, which held hearings and denied the petition. The plaintiffs then filed suit, and the Law Division affirmed the Board’s ruling.… Continue reading Seaview Harbor Realignment Comm., LLC v. Twp. Comm. of Egg Harbor Twp.

DiLaqua v. Phila. Fire Dept.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed the Workers’ Compensation (WC) Appeal Board’s (Board) order that denied a Claim Petition for WC (Claim Petition). Claimant filed the Claim Petition, seeking WC benefits for Reactive Airways Dysfunction Syndrome. The WCJ granted the Claim Petition for medical bills only, declaring that Claimant met his burden of proving that his… Continue reading DiLaqua v. Phila. Fire Dept.