court

We've had a number of clients ask questions about not just insurance but small business loans, grants, payroll protection, and the family first act. We're trying to keep informed to help direct those questions. We can't offer legal of financial advice, but we've been trying to help our clients wade through the muddy waters of the information that is out there and give advice about how this effects their insurance and how they can prevent or mitigate new risks that could arise. (And advice is always free).

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I recently read a newsworthy article from the National Workers' Compensation Defense Network by Robert F. Horn, Esquire.In a nutshell, the article desribes a recent Peennsylvania Supreme Court decision that seems to restrict the Employer's rights of Subrogation against a negligent party where the employee has no interest in participating in the recovery action.The full article can be found HERE. The actual question asked in the 'Domtar' case was this: "Does Section 319 of the Pennsylvania Workers' Compensation Act, 77 P.S. § 671, allow an employer/insurer to step into the shoes of an injured employee to subrogate against the negligent tortfeasor causing the injuries resulting in the payment of workers' compensation benefits?"IMHO, the implication of the ruling serves to limit the independent rights of the Employer to recover costs associated with a Workers' Compensation claim that impact their Workers' Comp Experience Mod (XMod) and therefore the employer's long-term Workers' Compensation costs.The court was not unanimous on their position and I sense that the judges that chimed in with the minority opinion actually got it right.

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There is an old adage that goes like this: "A Man is only as Good as his word".It implies that the integrity of a man or woman is the most important thing in a relationship.It also implies that if the other party has integrity having 'his word' is probably enough and also implies that there is no need for a formal contract.That relationship can be personal, professional, peer-to-peer, buyer-seller, etc. and can often involve parties that have different levels of control over a situation.A decade or two ago no one knew what a 'pre-nup' was; warning labels on consumer products were much simpler; local attorneys didn't advertise on TV; and there seemed to be more trust in both people and systems.Those days are gone and may never return.One by-product of this is contracts are everywhere - from EULA agreements that dictate internet terms to the small print on the back of your garbage service 'contract' to signs posted everywhere declaring 'Not Responsible for Damage or Loss'... it's hard to go through an hour of a day without having to check "I AGREE" on some document somewhere.

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Pennsylvania and many other States allow Executive Officers of corporations to exclude themselves from Workers' Compensation benefits.This can be viewed as a money-saving opportunity for employers, but it also carries a great deal of risk for the Officers themselves.While the financial benefits seem attractive, this brief article hopes to address some of the concerns that often don't come to light.
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