News

Ryan Blazure and Joe Shields of TTH’s Wilkes-Barre office recently won summary judgment for a well-known worldwide retailer in Tioga County.  In the suit, the Plaintiff alleged that she slipped and stumbled due to spilled cooking oil, which she testified she had not seen previously.  Similarly, the Plaintiff could not establish the retailer’s notice of… read more

SIGNIFICANT CASE SUMMARIES PA CASE SUMMARIES Joanne DeSue v. Bank of America (WCAB) Commonwealth Court of Pennsylvania No. 151 C.D. 2021 Decided: April 21, 2022 An expert who disputed the existence of a work-related injury, which was deemed admitted and accepted by operation of law due to an untimely filed Answer, was incompetent to testify… read more

TT&H Attorneys Jamie DeSisto and Mike Bliley win on average weekly wage issue, and secure credit for Claimant’s unemployment benefits. Claimant worked only four weeks for the Employer, and worked highly irregular and inconsistent hours. Therefore, it was difficult to ascertain an average weekly wage, and the relevant statute was ambiguous as to how it… read more

SIGNIFICANT CASE SUMMARIES VA CASE SUMMARY Kenneth Elliott v. Sam Green Vault Corporation Virginia Workers’ Compensation Commission VA00001108316 Decided: August 25, 2021 In a stunning reversal of decades of precedent, carriers will now be liable to pay for functional capacity evaluations for purposes of establishing permanent partial disability ratings. Background Claimant suffered a compensable injury… read more

FEDERAL CASE SUMMARY Cole v. Walmart Inc. United States District Court for the Eastern District of Pennsylvania 2021 U.S. Dist. LEXIS 123371, 2021 WL 2695557 Decided: July 1, 2021 No constructive notice of the alleged hazardous condition on store floor as no record evidence of time alleged condition was on the floor. Background Plaintiff slipped… read more