0 results for 'Petrucci'
Pa. Supreme Court Issues 'Reasoned Decision'
The Act 44 amendments to Section 422(a) of the Workers' Compensation Act provided, among other things, that the parties in a workers' compensation case are entitled to a reasoned decision containing findings of fact and conclusions of law based upon the evidence as a whole, which clearly and concisely states and explains the rationale for the decisions so that all can determine why and how a particular result was reached.
Offset of Social Security Benefits Ruled Constitutional
Last month, the Commonwealth Court decided the case of White v. Workers' Compensation Appeals Board (City of Pittsburgh) , which dealt with the constitutional question of whether the "old age" retirement benefit offset provision of Section 204(a) of the Workers' Compensation Act violates the equal protection requirement of the Pennsylvania Constitution.Commonwealth Court Decision May Make Muse Burden Lighter
Section 306(f.1)(8) of the Worker's Compensation Act provides that if the employee refuses reasonable medical treatment, he shall forfeit "all rights to compensation for any injury or any increase in his incapacity shown to have resulted from such refusal."Three-Year Filing Limitation on Description of Injury Further Defined
Last year, the Commonwealth Court decided the matter of Fitzgibbons v. WCAB (City of Philadelphia), which held that an injured worker has three years from the last date of payment of compensation to file a petition to review the description of injury.Maximum Medical Improvement Required in IRE Cases
In the last few years, there have been a number of cases from the Commonwealth Court seeking to define the various provisions of Section 306(a.2) of the Workers' Compensation Act, dealing with impairment rating evaluations.
Pa. Supreme Court Weighs in on 500-Week Benefits Cases
The 2008 Commonwealth Court case of Romanowski v. Workers' Compensation Appeal Board (Precision Coil Processing), 944 A.2d 127 (2008), defined the appropriate limitations period applicable to a claimant seeking a reinstatement of disability benefits after the expiration of the 500-week period under Section 413(a) of the Workers' Compensation Act.Payment Status Upon Supersedeas Request Gets Further Clarification
Recently addressed in this space was the Supreme Court case of Snizaski v. W.C.A.B. (Rox Coal Co.), which was decided earlier this year. Snizaski essentially holds that where an employer files a timely supersedeas request consistent with the Workers� Compensation Appeal Board�s regulations, it cannot be subject to the imposition of penalties for failing to satisfy the award of benefits during the pendency of the supersedeas petition.Troubling Precedent From Commonwealth Court
To say that the Commonwealth Court case of DePue v. Workers' Compensation Appeals Board (N. Paone Construction) is troubling is a vast understatement. The court sets a very dangerous precedent regarding the finality of the compromise and release agreement (C&R), which warrants great attention on the part of the claimant's practitioner when preparing the agreement. Moreover, it may have a chilling effect on settlements, given the great specificity of the settlement language that the decision imposes.Entitlement to Payment of Benefits After 500 Weeks Is Clarified
The Workers' Compensation Act has always provided for the payment of reasonable surgical and medical services, treatment rendered by physicians or other health care providers as well as medicines and supplies. Nothing short of a termination of benefits due to full recovery or a compromise and release agreement could finally end an injured worker's right to seek and receive medical treatment.Employer's Ability to Recoup Overpayment Limited
In the recent Commonwealth Court case of Dollar Tree Stores Inc. v. WCAB, the court held that an employer is not entitled to recoup an overpayment of indemnity benefits under Section 413(a) of the Workers' Compensation Act unless an incorrect agreement to modify compensation benefits had been executed.TRENDING STORIES
More from ALM
- Legal Speak at General Counsel Conference Midwest 2024: Mike Andolina, Partner, White & Case 1 minute read
- Legal Speak at General Counsel Conference Midwest 2024: Carolyn Burbrink, Uber Director of Volume Mobility Safety and Insurance Litigation 1 minute read
- Legal Speak at General Counsel Conference Midwest 2024: Vaishali Rao, Hinshaw & Culbertson Partner 1 minute read
Resources
How to Build Efficiency at Your Advisory Practice
Brought to you by Morningstar, Inc.
Download Now
How to Build Trust Between Advisors and Clients
Brought to you by Morningstar, Inc.
Download Now
The Future of Payments for Credit Unions
Brought to you by Alogent
Download Now
How to Build Trust Between Advisors and Clients
Brought to you by Morningstar, Inc.
Download Now