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Workers' Compensation
Board Has Sole Discretion for Benefits From Permanent Injuries
Thursday, July 24, 2008
In a 4-3 decision, the Commonwealth Court has held that a worker suffering from bilateral specific loss injuries is entitled to the continuation of total disability benefits without regard to earning capacity or earning power, under section 306(c)(23) of the Pennsylvania Workers' Compensation Act, or PWCA, unless deemed otherwise by the Workers' Compensation Appeal Board.
SPONSOR SPOTLIGHT
United Parcel Service v. Hohider
Monday, July 21, 2008
An employer may obtain a judgment by praecipe on a Workers' Compensation Judge's (WCJ's) order to enforce a subrogation lien established before the 42 Pa.C.S. § 5984.1, allowing a child victim to testify by the WCJ. The Superior Court reversed the trial court's decision to strike the employer's judgment.
HCR ManorCare v. Workers' Compensation Appeal Bd. (Bollman)
Monday, July 21, 2008
A Workers' Compensation Judge (WCJ) lacks jurisdiction to decide the merits of a Utilization Review petition, but does have jurisdiction to decide whether the Utilization Review Organization (URO) made adequate efforts to obtain a verification form and whether the provider complied with the utilization review verification requirements. The Commonwealth Court affirmed the Workers' Compensation Appeal Board's (WCAB's) decision to affirm a WCJ's order reassigning employer's petition to a new URO.
Commonwealth Court Vacates Landmark Diehl Decision
Thursday, July 10, 2008
As discussed in this space in May, the Commonwealth Court in Diehl v. W.C.A.B. (IA Construction and Liberty Mutual Insurance), defined the "traditional administrative process" as set forth in the Supreme Court's 2005 decision Gardner v. W.C.A.B. (Genesis Health Ventures). Under Gardner, an employer who does not request an Impairment Ration Evaluation, or IRE, within 60 days of the expiration of 104 weeks of total disability does not receive the automatic change of compensation benefits from total to partial under Section 306(a.2) of the Workers' Compensation Act.
Appeal Board Must Explain Disfigurement Awards
Thursday, June 26, 2008
Trying to determine the value of disfigurement claims has always been a crap shoot, because no two scars, burns or blemishes are alike. The only thing we can be sure about (if I dare use that term) is that a disfigurement must be serious and permanent and to the head, neck or face. Other than these "certainties," the amount of weeks awarded by either a workers' compensation judge or appeal board is discretionary - or is it?
Supreme Court to Revisit Procedure for Amending Description of Injury
Thursday, June 12, 2008
In this space on Oct. 11, 2007, the Commonwealth Court case of Cinram Manufacturing, Inc. v. W.C.A.B. (Hill) was analyzed as bringing the law regarding the expansion of an accepted description of injury "full circle."
Did Commonwealth Court Do Employers a Disservice in Diehl Decision?
Thursday, May 22, 2008
For many defense practitioners, it might have been better if the Legislature amended the language of Section 306(a.2)(2) to read that an insurer is entitled to an impairment rating evaluation at any time following receipt of 104 weeks of temporary total disability benefits, instead of the present language of within 60 days.
Court Defines 'Traditional Administrative Process' in IRE Cases
Thursday, May 8, 2008
On April 28, the Commonwealth Court afforded injured workers across the commonwealth a substantial victory in its decision, Diehl v. W.C.A.B. (IA Construction and Liberty Mutual Insurance).
A Defense Practitioner's Thoughts on Mental/Mental Claims
Thursday, April 24, 2008
When the Pennsylvania Supreme Court rendered its decision in Martin v. Ketchum Inc., 568 A.2d 159 (Pa. 1990), the consensus was that proving mental/mental injuries in an employment-related setting was all but impossible.
Commonwealth Court Defines 'Prompt Written Notice'
Thursday, April 10, 2008
What constitutes "prompt written notice" as it pertains to the mailing of a notice of ability to return to work form by an employer became a pressing issue upon the passage of Act 57 of 1996, and has been vigorously debated ever since.
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