“Star Wars” or Tincher v. Omega Flex: Will Disney or Pennsylvania Courts Add More Chapters to Their Respective Legacies?

By: Patricia J. Baxter and Nate R. Bohlander

For those who practice in the field of strict product liability, the name “Tincher” has become more synonymous with a seemingly endless string of decisions and appeals than anything else. The only saga with more sequels in the past few years is the “Star Wars” franchise.

Workers’ Compensation Appeals Board Awards Attorney Fees at Expedited Hearing. 

By: Connor Sestak

Recently, the Tennessee Bureau of Workers’ Compensation Appeals Board (“Appeals Board”) in David Thompson v. Comcast Corporation, et al., awarded the employee attorneys’ fees due to the employer’s failure to authorize the recommended treatment for pain management. This is the first decision of the Workers’ Compensation Appeals Board awarding attorney fees since the statutory provision was implemented in July 2016.

High Court: No Reimbursement to Employers for Overturned Attorney Fee Awards

By Emily Brill

Three years after Howard Parker’s death at the age of 88, the Pennsylvania Supreme Court has settled a nine-year dispute between his attorney and employer over a $14,750 fee.

The ruling handed down Thursday overturned the Commonwealth Court and settles once and for all that claimants’ attorneys don’t have to repay employers for unreasonable contest attorney fees that are later overturned.

The decision in County of Allegheny v. WCAB (Parker) also hinted that the Supreme Court may be inclined to second-guess another Commonwealth Court opinion related to the Supersedeas Fund, which reimburses employers for benefit overpayments, if a proper challenge comes before it.