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Tag: Workers’ Compensation

WORKERS COMPENSATION-OCCUPATIONAL DISEASE ACT-STATUTE OF LIMITATIONS-EXCLUSIVITY PROVISION

Herold v. University of Pittsburgh, 2025 PA LEXIS 93 (Pa. Super. Ct., January 22, 2025) (Todd, J.) CHIEF JUSTICE TODD In this appeal by allowance, we consider, inter alia, the breadth of the exclusive remedy provision of the Occupational Disease Act (“ODA”) and whether a disability or death resulting from an occupational disease and which […]

WORKERS COMPENSATION-LIEN-SUBROGATION-BAD FAITH SUBROGATION-BAD FAITH-LIENS

Mondragon v. Jo Jo Pizza (Workers’ Comp. Appeal Bd.), 2025 Pa. Commw. LEXIS 6 (Pa. Commonwealth Ct., January 6, 2025)(McCollough, J.) Employer allegedly engaged in bad faith settlement negotiations during the pendency of a tort action by declining to compromise the amount of its subrogation lien. Claimant contends that employer therefore has forfeited its right […]

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 […]

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 […]