Elite v. Premier Pet of: Premier & Brick

Supreme Court of Pennsylvania

Elite v. Premier Pet of: Premier & Brick

DecidedOctober 24, 2023

Docket156 WAL 2023 (Granted)

StatusPublished

This text of Elite v. Premier Pet of: Premier & Brick (Elite v. Premier Pet of: Premier & Brick) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elite v. Premier Pet of: Premier & Brick, (Pa. 2023).

Pincite

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

ELITE CARE, RX, LLC : No. 156 WAL 2023 : v. : Petition for Allowance of Appeal : from the Order of the Superior Court PREMIER COMP SOLUTIONS, LLC; : LAUNDRY OWNERS' MUTUAL LIABILITY : INSURANCE ASSOCIATION; UPMC : BENEFIT MANAGEMENT SERVICES, INC. : D/B/A UPMC WORK PARTNERS; : LACKAWANNA CASUALTY COMPANY; : AND BRICK STREET MUTUAL : INSURANCE COMPANY : : PETITION OF: PREMIER COMP : SOLUTIONS, LLC, AND BRICK STREET : MUTUAL INSURANCE COMPANY :

ORDER

PER CURIAM

AND NOW, this 24th day of October, 2023, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by petitioner, is:

Can a purported medical provider seeking payment for prescription medication in accordance with the provision of the Pennsylvania Workers’ Compensation Act (hereinafter “WCA”), specifically 77 P.S. § 501(a)(1), and corresponding Medical Cost Containment Regulations (hereinafter “MCCR”), 34 Pa. Code §§ 127.1 – 127.755, circumvent the exclusivity provisions of the WCA by initiating litigation outside the forums established by and under the WCA and MCCR for adjudicating such issues? Alternatively phrased, is the liability of the Employer and its Insurer or carrier exclusive in place of any and all other liability, given the WCA provides for an exclusive remedy barring any tort action flowing from a work- related injury?

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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

ELITE CARE, RX, LLC : No. 156 WAL 2023 : v. : Petition for Allowance of Appeal : from the Order of the Superior Court PREMIER COMP SOLUTIONS, LLC; : LAUNDRY OWNERS' MUTUAL LIABILITY : INSURANCE ASSOCIATION; UPMC : BENEFIT MANAGEMENT SERVICES, INC. : D/B/A UPMC WORK PARTNERS; : LACKAWANNA CASUALTY COMPANY; : AND BRICK STREET MUTUAL : INSURANCE COMPANY : : PETITION OF: PREMIER COMP : SOLUTIONS, LLC, AND BRICK STREET : MUTUAL INSURANCE COMPANY :

ORDER

PER CURIAM

AND NOW, this 24th day of October, 2023, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by petitioner, is:

Can a purported medical provider seeking payment for prescription medication in accordance with the provision of the Pennsylvania Workers’ Compensation Act (hereinafter “WCA”), specifically 77 P.S. § 501(a)(1), and corresponding Medical Cost Containment Regulations (hereinafter “MCCR”), 34 Pa. Code §§ 127.1 – 127.755, circumvent the exclusivity provisions of the WCA by initiating litigation outside the forums established by and under the WCA and MCCR for adjudicating such issues? Alternatively phrased, is the liability of the Employer and its Insurer or carrier exclusive in place of any and all other liability, given the WCA provides for an exclusive remedy barring any tort action flowing from a work- related injury?

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Bluebook (online)

Elite v. Premier Pet of: Premier & Brick, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elite-v-premier-pet-of-premier-brick-pa-2023.