Legal Perspectives

Attorneys at the law firm Wolf, Baldwin & Associates, P.C. provide a variety of posts on legal issues affecting the business community.

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Impairment Rating Evaluations Declared Unconstitutional - What You Need to Know

The Pennsylvania Supreme Court recently handed down a blockbuster decision which effectively eliminated a tool often used by workers’ compensation carriers to reduce, or, in some cases, eliminate, the wage loss portion of injured workers’ claims.  Both employers and injured workers should know about the decision and its implications.

Primer: What Attorneys Wish Employers Knew About Personnel Files

An employee’s personnel file can be a crucial piece of evidence in employment litigation. What information is or is not contained in a personnel file, and sometimes how and where that information is stored, can dramatically alter a party’s case in a lawsuit. For example, a lack of time records will aid an employee’s wage claim pursuant to the Fair Labors Standards Act, but an employee’s well documented disciplinary issues will aid an employer’s defense against a wrongful termination suit.

TITLE INSURANCE: REAL ESTATE’S DIRTY LITTLE SECRET

It’s an exciting day. Your offer on the house that would be just perfect for you and your family has been accepted. Your children are going to go to school in Upper Merion School District, or you will be close to the great shopping or nightlife in Philadelphia, or you will finally have that little slice of heaven in Chester County for your horses, or perhaps just enough land to have a little garage to work on your Harley. You are beyond pumped for the future!

Will Workers’ Comp Pay for My Surgery?

This is a question we often hear from our clients, but unfortunately, it’s usually a question we hear after there is a dispute as to whether the proposed surgery is related to the accepted injury.  What exactly does that mean you ask?  Well, perhaps a little workers’ comp basics are in order, before we can answer that question.

April Showers Bring May Fees

Unfunded government mandates come in many forms. One of the newest challenges to municipal governments is based upon mother nature and rainfall, which eventually becomes stormwater, and is now the subject of considerable new and complicated governmental regulations.

The Terrible “D” Word

Just the word “divorce” is scary enough for most people, without even the consideration of what the process entails. Add in the myriad issues and problems that could crop up and most people find the entire process to be draining and frustrating. Having an understanding of the process and a lawyer whose practice style aligns with your goals can help alleviate some of the headache involved.

Should Employers Cooperate With Workers’ Compensation Subrogation?

People generally know that they cannot sue their employers when they get hurt at work.  It is the foundation of our system of workers’ compensation in Pennsylvania (and in all other states too) that the tradeoff for receiving workers’ compensation benefits is that employers are shielded from liability even if they are negligent in causing injuries to their employees.  But most people are not as familiar with the concept of workers’ compensation subrogation, which arises when injured workers sue so-called third parties and not their employers.

Urban Legends in Estate Law — Fact vs. Fiction

As an Estate practitioner, I have found that lately I am spending more time listening to my clients tell me about what they think the law is when it comes to Estate planning and Estate Administration, as compared to actuality.  People hear all kinds of things from friends, family and of course, what people try to use as a replacement for a licensed attorney: the Internet. 

Therefore, I think it would be helpful to shed light on what’s true and what is not on some of the most common myths I am hearing.  Here they are:

 

Impairment Rating Evaluations Declared Unconstitutional - What You Need to Know

The Pennsylvania Supreme Court recently handed down a blockbuster decision which effectively eliminated a tool often used by workers’ compensation carriers to reduce, or, in some cases, eliminate, the wage loss portion of injured workers’ claims.  Both employers and injured workers should know about the decision and its implications.

Primer: What Attorneys Wish Employers Knew About Personnel Files

An employee’s personnel file can be a crucial piece of evidence in employment litigation. What information is or is not contained in a personnel file, and sometimes how and where that information is stored, can dramatically alter a party’s case in a lawsuit. For example, a lack of time records will aid an employee’s wage claim pursuant to the Fair Labors Standards Act, but an employee’s well documented disciplinary issues will aid an employer’s defense against a wrongful termination suit.

TITLE INSURANCE: REAL ESTATE’S DIRTY LITTLE SECRET

It’s an exciting day. Your offer on the house that would be just perfect for you and your family has been accepted. Your children are going to go to school in Upper Merion School District, or you will be close to the great shopping or nightlife in Philadelphia, or you will finally have that little slice of heaven in Chester County for your horses, or perhaps just enough land to have a little garage to work on your Harley. You are beyond pumped for the future!

Will Workers’ Comp Pay for My Surgery?

This is a question we often hear from our clients, but unfortunately, it’s usually a question we hear after there is a dispute as to whether the proposed surgery is related to the accepted injury.  What exactly does that mean you ask?  Well, perhaps a little workers’ comp basics are in order, before we can answer that question.

April Showers Bring May Fees

Unfunded government mandates come in many forms. One of the newest challenges to municipal governments is based upon mother nature and rainfall, which eventually becomes stormwater, and is now the subject of considerable new and complicated governmental regulations.

The Terrible “D” Word

Just the word “divorce” is scary enough for most people, without even the consideration of what the process entails. Add in the myriad issues and problems that could crop up and most people find the entire process to be draining and frustrating. Having an understanding of the process and a lawyer whose practice style aligns with your goals can help alleviate some of the headache involved.

Should Employers Cooperate With Workers’ Compensation Subrogation?

People generally know that they cannot sue their employers when they get hurt at work.  It is the foundation of our system of workers’ compensation in Pennsylvania (and in all other states too) that the tradeoff for receiving workers’ compensation benefits is that employers are shielded from liability even if they are negligent in causing injuries to their employees.  But most people are not as familiar with the concept of workers’ compensation subrogation, which arises when injured workers sue so-called third parties and not their employers.

Urban Legends in Estate Law — Fact vs. Fiction

As an Estate practitioner, I have found that lately I am spending more time listening to my clients tell me about what they think the law is when it comes to Estate planning and Estate Administration, as compared to actuality.  People hear all kinds of things from friends, family and of course, what people try to use as a replacement for a licensed attorney: the Internet. 

Therefore, I think it would be helpful to shed light on what’s true and what is not on some of the most common myths I am hearing.  Here they are:

 

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