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Commonwealth Court Revisits Internal Job Offers
Last week, the Commonwealth Court took the action of reporting the March 11 opinion in the Vaughn v. WCAB (Carrara Steel Erectors) matter.
Commonwealth Court Revisits Utilization Reviews in Recent Decision
One of the key provisions of the medical cost containment provisions of the Workers' Compensation Act is a peer review system that allows medical bills to be evaluated by a licensed Utilization Review Organization (URO), which offers an analysis by a health care professional ostensibly practicing in the same field as the provider under review to determine the reasonableness and necessity of a particular treatment.Time for Workers' Comp Practitioners to Make Some Resolutions
As in all aspects of life, it is important to periodically take inventory of one's law practice and decide where to improve. At the beginning of this new year, in addition to the usual vows to lose weight, pray more often and to spend less time on the Internet, it is a good idea to make some resolutions with respect to your practice of law.Employer Has Duty to Provide Forms Prior to Taking Offset
Various changes to the Pennsylvania Workers' Compensation Act occurred with the passage of Act 57 of 1996.Court Defines 'Traditional Administrative Process' in IRE Cases
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).Commonwealth Court Decides Intriguing Labor Market Survey Case
The Commonwealth Court's recent decision in Rosenberg v. WCAB (Pike County) addresses the thorny issue of the responsibility of an employer to provide an available position to a partially disabled claimant prior to performing a labor market survey.Pro Bono Possibilities in Workers' Compensation Actions
For quite some time now, the Philadelphia Bar Association's workers' compensation section has been searching for the best way members of our section can fulfill our obligations as lawyers to provide professional services in an effort to make justice available to all and to increase our representation of the poor and disadvantaged who do not have appropriate access to the legal system.Commonwealth Court Vacates Landmark Diehl Decision
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 ìtraditional administrative processî as set forth in the Supreme Courtís 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 Workersí Compensation Act. Instead, the court held the employer must seek a change in disability benefit status through the ìtraditional administrative processî as adjudicated through a modification petition. Since the Supreme Court did not define what was meant by the ìtraditional administrative process,î the Diehl decision was welcome news to injured workers, as it interpreted the ìtraditional administrative processî as being a work availability analysis pursuant to Kachinski v. W.C.A.B. (Vepco Construction Co.), or a labor market survey.TRENDING STORIES
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How to Build Efficiency at Your Advisory Practice
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How to Build Trust Between Advisors and Clients
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The Future of Payments for Credit Unions
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How to Build Trust Between Advisors and Clients
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