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, … Continue reading PA Supreme Court’s Decision on Attorney/Client Privilege and How It May Limit Questioning in a Workers’ Compensation Case
Workers’ Compensation Fraud: myth or reality?
Anyone who’s been on workers’ compensation knows it’s no bonanza. First and foremost, an injured worker can’t sue his employer, so huge punitive awards or pain and suffering damages are simply out of the question. Second, the insurance company has a toolbox full of ways to stop or reduce the little compensation an injured worker … Continue reading Workers’ Compensation Fraud: myth or reality?
SSD Benefits vs. Early Retirement Benefits
Many people who are approaching the early retirement age of 62 are unable to continue their employment due to a physical or mental condition. Typically, they just take the early retirement, and never consider the possibility of Social Security disability. However, disability benefits are preferable to early retirement benefits. Disability benefits are paid at the … Continue reading SSD Benefits vs. Early Retirement Benefits
DUI Court in Berks County Sentences to Electronic Monitoring for Mandatory Minimum Sentence
Judge John A. Boccabella, in the case of Commonwealth v. Henderson, 103 Berks Co. L. Journal 122 (January 13, 2011), sentenced a DUI defendant to 90 days to 5 years with a special condition that, in lieu of incarceration, the defendant be placed on electronic monitoring for 90 days. The Commonwealth appealed the sentence, raising the issue … Continue reading DUI Court in Berks County Sentences to Electronic Monitoring for Mandatory Minimum Sentence
Not All Burglaries Are Created Equal: Burglaries Are Not Necessarily Disqualifying For RRRI (Recidivism Risk Reduction Incentive) Consideration
In the recent case of Com. v. Abraham Gonzalez (687 EDA 2009 (PA Superior Ct., Dec. 13, 2010), a panel of the Superior Court ruled that burglaries on the record of an individual being sentenced to a state sentence are not necessarily disqualifying under the “past violent behavior” disability of the Recidivism Risk Reduction Incentive (RRRI) Statute … Continue reading Not All Burglaries Are Created Equal: Burglaries Are Not Necessarily Disqualifying For RRRI (Recidivism Risk Reduction Incentive) Consideration
Com.v. Sarapa , —A.3d.—, 2011 WL 198461, 2011 PA Super 18 (Pa.Super.,Jan.24, 2011): The Availability of County IPP for DUI Offenders with Mandatory Sentences
On January 24, 2011, the Superior Court handed down a decision holding that county IPP plans may not arbitrarily ban certain types of defendants from the program if the defendants have not been made ineligible by the Legislature. In Sarapa, the defendant had been sentenced to ninety days to 23 months for her plea to DUI-highest rate and … Continue reading Com.v. Sarapa , —A.3d.—, 2011 WL 198461, 2011 PA Super 18 (Pa.Super.,Jan.24, 2011): The Availability of County IPP for DUI Offenders with Mandatory Sentences
Commonwealth Court Brings Clarity to Hearing Loss
The Commonwealth Court has handed down three new cases interpreting the 1995 amendments to the PA Workers’ Compensation Act (the Act) governing the compensability of hearing loss. These 1995 changes are commonly referred to as Act 1 of 1995. The new cases bring new clarity to certain aspects of the law. In the first case, … Continue reading Commonwealth Court Brings Clarity to Hearing Loss
2011 Statewide Average Weekly Wage
Every year, the Department of Labor and Industry is required to calculate the maximum weekly workers’ compensation benefit available to an individual injured in that year. The 2010 maximum was $845. For 2011 injuries, the Department has announced that the maximum rate is $858.
ATF Issues Study on the Importability of Shotguns – Is this just the beginning?
Today, the Bureau of Alcohol, Tobacco, Firearms, and Explosives published its Study on the Importability of Certain Shotguns. While this study is limited to the importability of certain shotguns, based on their features, the long-term ramifications and effects of this “study” are yet to be seen and could be devastating to US manufacturers. The central … Continue reading ATF Issues Study on the Importability of Shotguns – Is this just the beginning?
ATF to Issue New Ruling on Monday regarding New Restrictions on Shotgun Importation
Today, the ATF announced at the 2011 SHOT Show that a new ruling would be issued on Monday, January 24, 2011, regarding the importability of certain shotguns. ATF informed the audience at the ATF Townhall meeting that they wanted to ensure that they were properly and justly enforcing the requirements of a shotgun being for … Continue reading ATF to Issue New Ruling on Monday regarding New Restrictions on Shotgun Importation
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