On February 23, 2011, the Pennsylvania Supreme Court in Gillard v.AIG Insurance Co., No. 10 EAP 2010, 2011 WL 550552, reviewed 42 Pa.C.S. 5928 to determine the narrowness or breadth of attorney-client privilege in Pennsylvania. The Supreme Court found that the attorney-client privilege “operates in a two-way fashion” which protects both client-to-attorney and attorney-to-client communications. Specifically, the Court held, “in Pennsylvania, the attorney-client privilege operates in a two-way fashion to protect confidential client-to-attorney or attorney-to-client communications made for the purpose of obtaining or providing professional legal advice.”
So, how does this effect a Workers’ Compensation case?
In many instances, an injured worker comes to us with a serious injury, which requires expert care. Often times, this is the first time the individual has ever suffered a severe injury and he/she is looking for advice or guidance on what doctor has the best expertise or care. Or, the client may be treating with an unscrupulous doctor that has the Employer/Insurance Carrier’s, and not the injured worker’s, best interest at heart (usually because the doctor’s pocketbook will be hurt). Until now, most Workers’ Compensation attorneys have been in a precarious situation.
If the attorney recommends a doctor, whether the client inquires or not, the fact that the attorney recommended the doctor may come out during the client’s testimony, when the Employer/Insurance Carrier’s attorney inquires how the injured worker came to treat with the doctor. Although Workers’ Compensation Judges don’t bat an eye when the Employer/Insurance Carrier/Defense Attorney sends an injured worker to a doctor of their own choosing for an Independent Medical Examination (which is anything but independent), there are documented cases of Workers’ Compensation Judges denying Claim Petitions or other Petitions merely because injured worker’s attorney referred the injured worker to a doctor.
Given the decision in Gillard, if the injured worker’s attorney objects on the basis of attorney-client privilege, the Employer/Insurance Carrier’s inquiry should be precluded, as it is a communication between a client and his/her attorney, regardless of whether the attorney offers such suggestion or whether the injured worker inquires of his/her attorney, which is sought for the purpose of obtaining or providing professional legal advice.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
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