Feldman v. CP Acquisitions, 2024 Pa. Super LEXIS 395, (Pa. Super., September 12, 2024) (Beck, J.) BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and BECK, J. OPINION BY BECK, J. Vito Braccia Construction, LLC (“VBC”) appeals from the judgment entered by the Philadelphia County Court of Common Pleas (“trial court”) in favor of Brian Feldman (“Feldman”). On […]
Tag: Workers’ Compensation
WORKERS COMPENSATION-IMMUNITY-FRAUD, CONSPIRACY, UNJUST ENRICHMENT
Elite Care, RX, LLC v. Premier Comp. Sols., LLC, 2024 Pa. LEXIS 1040 (Pa. Super. July 17, 2024) (McCaffery, J.) Elite Care, Rx, LLC v. Premier Comp Solutions, LLC, Supreme Court of Pennsylvania decided July 17, 2024. OPINION IN SUPPORT OF REVERSAL JUSTICE WECHT The Superior Court below affirmed a decision allowing a lawsuit for […]
WORKERS’ COMPENSATION-IMMUNITY
Brown v. Gaydos, 2023 Pa. Super. LEXIS 582 (December 7, 2023) (McCaffery, J.) John Brown (Brown) appeals from the order entered in the Allegheny County Court of Common Pleas granting summary judgment in favor of George Gaydos (Gaydos), as an individual and doing business as Gaydos Construction, in this negligence action seeking damages for a […]
WORKERS’ COMPENSATION-IMMUNITY-OCCUPATIONAL DISEASE-LATENT OCCUPATIONAL DISEASE
McHenry v. Goodyear Tire & Rubber Co., 2023 Pa. Commw. LEXIS 191 (November 14, 2023) (Dumas, J.). The Goodyear Tire and Rubber Company (Goodyear) appeals by permission from the order entered by the Philadelphia County Court of Common Pleas (trial court) on January 20, 2022, which denied without prejudice Goodyear’s motion to dismiss for lack […]
WORKERS’ COMPENSATION-EXCLUSIVITY-EXCEPTIONS
Franczyk v. Home Depot, Inc., 2023 Pa. LEXIS 533, 2023 WL 2992730 (S. Ct. April 19, 2023) (Wecht, J.). Pennsylvania’s Workers’ Compensation Act creates a comprehensive statutory remedy for workplace injuries. The Act reflects a compromise that has prevailed in Pennsylvania for decades: in exchange for their mandatory contributions to a no-fault insurance program, employers […]
WORKERS’ COMPENSATION-IMMUNITY-CHILDREN OF DECEDENT
Samantha Riemenschneider v. D. Sabatelli, Inc., 2022 Pa. Super. LEXIS 253 (June 7, 2022) (McLaughlin, J.) David Scott Macleary was killed when the brakes failed on a dump truck he was operating and it began to roll. He was within the course and scope of his employment. A lawsuit was brought by his family, and […]
CONTRACTOR-SUBCONTRACTOR-WORKERS’ COMPENSATION IMMUNITY
Dobransky v. EQT Prod. Co., 2022 Pa. Super. LEXIS 158 (April 11, 2022) (Bender, P.J.E.) Appellant, Eric Dobransky, appeals from the trial court’s May 22, 2019 order granting summary judgment in favor of Appellees, EQT Production Company (“EQT”) and Halliburton Energy Services, Inc. (“HESI”) (referred to herein collectively as “Appellees”). After careful review, we vacate […]