Case Summaries

Case Notes from Richard E. Freeburn, Esquire, “The Lawyers Lawyer”.

The content on this web page is provided primarily for other lawyers. It is intended to assist other attorneys in keeping current with the latest developments in the law, in regards to personal injury, workers’ compensation and litigation issues. Every week, attorney Dick Freeburn reviews a case summary for his local Bar Association, that you can find here.

At Freeburn Hamilton, we welcome referrals.


 

No Case Where Generally Slippery Conditions Prevail Without Hills and Ridges.

September 14th, 2017

In Neifert v. Speedway, LLC, 2017 WL 4052264, (Pa. Super. 9/14/17), the Superior Court affirmed the grant of summary judgment by the Berks County Court of Common Pleas.  (Berks CCP, 15-3929).  In this case, Plaintiff slipped and fell on ice in the parking lot of the Speedway gas station on December 7, 2012.  Small patches of black ice were found near where Plaintiff fell from a light misty precipitation.

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The Language in a Workers’ Comp C&R Agreement Determines the Scope of Release.

September 11th, 2017

In Zuber v. Boscov’s, 2017 WL 3974513 (3rd Cir. 9/11/17), the Third Circuit held that the language of the release contained in a workers’ compensation Compromise and Release (C&R) agreement, did not bar the employee from suing his employer under FMLA and Pennsylvania common law employee rights theories.

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Employer is responsible for all medical expenses related to the acknowledged injury in a C&R agreement.

September 1st, 2017

In Haslam v. WCAB, 2017 WL 3798517, (Pa. Cmwlth. Ct., 9/1/17), the Commonwealth Court reversed the WCAB which had concluded that Employer was NOT required to pay for treatment of claimant’s RRS/CRPS condition after claimant entered into a Compromise and Release (“C&R”) Agreement which described Claimant’s injury on a standardized Labor & Industry form as “[v]arious injuries and bodily parts including but not necessarily limited to fractured

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