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Weekly Caselaw Updates

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DiPaolo v. UPMC Magee Women's Hosp. (Workers' Comp. Appeal Bd.)

The Pennsylvania Commonwealth Court affirmed the Workers’ Compensation Judge's (WCJ) decision and order. The WCJ granted a modification petition filed by Respondent UPMC Magee Women’s Hospital and changed Claimant’s benefit status from total to partial based on a December 3, 2019, Impairment Rating Evaluation. The Commonwealth Court held that, following…

DiPaolo v. UPMC Magee Women’s Hosp. (Workers’ Comp. Appeal Bd.)
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court affirmed the Workers’ Compensation Judge’s (WCJ) decision and order. The WCJ granted a modification petition filed by Respondent UPMC Magee Women’s Hospital and changed Claimant’s benefit status from total to partial based on a December 3, 2019, Impairment Rating Evaluation. The Commonwealth Court held that, following its decision in Pierson v.… Continue reading DiPaolo v. UPMC Magee Women’s Hosp. (Workers’ Comp. Appeal Bd.)

Brussard v. Pa. Dep’t of Conservation and Nat. Res.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court vacated the State Board of Property’s order, which sustained the preliminary objections of the Pennsylvania Department of Conservation and Natural Resources to the Bussards’ Amended Petition Seeking Confirmation of Ownership of Real Property and dismissed the Amended Petition with prejudice. The Bussards and the Department relied on competing chains of title… Continue reading Brussard v. Pa. Dep’t of Conservation and Nat. Res.

The New Jersey Supreme Court affirmed its prior ruling permitting life without the possibility of parole . . . for lawyers. In 1979, the Court decided In re Wilson, which called for automatic disbarment of attorneys who knowingly misappropriate client funds. Under that rule, disbarment is permanent and ends one’s ability to practice law. Here,… Continue reading In re Wade

The Pennsylvania Commonwealth Court denied Inmate DuBoise’s Application for Summary Relief seeking judgment against the State Correctional Institution at Forest’s Medical Records Custodian, who denied DuBoise’s request to obtain his mental health treatment records. The Commonwealth Court ruled that the Department of Corrections’ (DOC) relevant policy does not unreasonably infringe on DuBoise’s equal protection rights.… Continue reading DuBoise v. Rumick

Konieczny v. Zappala
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed and remanded the Court of Common Pleas order that granted the preliminary objections filed by District Attorney Stephen A. Zappala, Jr. to the plaintiffs’ complaint in mandamus. The plaintiffs filed the action after the DA’s Office refused to accept their private criminal complaints that alleged Pittsburgh’s City Council and Mayor… Continue reading Konieczny v. Zappala

Sicilia v. API Roofers Advantage Program
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court vacated an order granting Employer’s petition to modify Claimant’s compensation status to partially disabled. Claimant argued that the workers’ compensation judge (WCJ) erred in failing to consider reasonably related conditions not formally added to the notice of compensation payable for which he underwent surgeries previously determined to be Employer’s responsibility. The… Continue reading Sicilia v. API Roofers Advantage Program

Riemenschneider v. D. Sabatelli, Inc.
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the trial court’s order that dismissed this negligence and wrongful death action. The plaintiff was the administrator of the estate of an individual who sustained fatal injuries when the brakes failed on a dump truck he was operating for his employer, the defendant. The defendant filed preliminary objections asserting, among… Continue reading Riemenschneider v. D. Sabatelli, Inc.

Rooth v. Bd. of Trs., Publ. Emp.s’ Ret. Sys.
New Jersey Appellate Division

The New Jersey Appellate Division ruled that “a school employee cannot obtain disability retirement benefits where disciplinary charges have not been shown to ‘relate’ to a disability under N.J.A.C. 17:1-6.4.” The plaintiff was a school bus driver until she crashed her bus while intoxicated. She then entered into a confidential separation agreement which ended her… Continue reading Rooth v. Bd. of Trs., Publ. Emp.s’ Ret. Sys.

White v. Pa. Parole Bd.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court affirmed the Pennsylvania Parole Board (Board) order, determining that the Board relied upon admissible evidence when properly recommitting White as a convicted parole violator (CPV), and that White’s recalculated maximum parole date included all applicable credits. White contended that the Board lacked sufficient evidence to revoke his parole and recommit him… Continue reading White v. Pa. Parole Bd.

Wolosky v. Fredon Twp.
New Jersey Appellate Division

The New Jersey Appellate Division reversed the Tax Court’s order, which awarded a municipality more than $45,000 in counsel fees in conjunction with a dispute of tax assessments. The fees were imposed because the Tax Court held that the plaintiff engaged in frivolous litigation under N.J.S.A. 2A:15- 59.1 when he sued the municipality’s tax assessor.… Continue reading Wolosky v. Fredon Twp.