News & Publications

Pennsylvania Updates March 28, 2022

PA Update – The Supreme Court of Pennsylvania holds that the Workers’ Compensation Act does not preclude the award of attorney fees to a claimant even if an employer establishes a reasonable basis for seeking a termination of benefits in Lorino v. Workers’ Comp. Appeal Bd. (Commonwealth), 266 A.3d 487 (Pa. 2021).

A PennDOT equipment operator suffered an injury on August 22, 2016.  The employer’s workers compensation carrier, InServco, accepted liability for a low back sprain/tear and a left hip sprain/tear pursuant to two medical only notices of compensation payable.  The employee did not miss any work because of his injury and did not receive indemnity benefits […]

Pennsylvania Updates March 18, 2022

PA Update – The Third Circuit Court of Appeals Rules that Inter-Policy Stacking Waivers Must Be Explicit to Be Enforceable Under Pennsylvania Law

The Third Circuit Court of Appeals affirmed entry of summary judgment in favor of an under-insured motorist plaintiff in a dispute involving inter-policy stacking. Donovan v. State Farm Mut. Auto. Ins. Co., 2022 U.S. App. LEXIS 4232, — A.3d — (3rd Cir. 2022). In that matter, the plaintiff was involved in a motorcycle accident and […]

Zimmer Kunz News March 3, 2022

ZK News – Zimmer Kunz Attorneys Volunteer in PBA Mock Trial Program

The Regional rounds of the Pennsylvania Bar Association’s High School Mock Trial Program are coming to a close, and Zimmer Kunz attorneys have been a key part of the event in Region 1, which encompasses Allegheny County. Associate Thomas Cocchi was asked by PBA mock trial leadership to assist in the coordination of the mock […]

Pennsylvania Updates March 2, 2022

PA Update – In an era of COVID-19, an employer’s willful and wanton disregard of their employee’s safety does not waive the Workers’ Compensation Act immunity from civil suit

In December 2021, the Eastern District of Pennsylvania addressed the issue of whether an employer’s willful or wanton disregard for an employee’s safety by deliberately exposing its employees to the COVID-19 virus was sufficient to overcome the exclusivity provisions of the Workers’ Compensation Act in Barker v. Tyson Foods, Inc., No. 21-223 (E.D. Pa. Dec. […]