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Commonwealth Case Brings Expansion of Injury Law Full Circle
In Cinram Manufacturing Inc. v. W.C.A.B. (Hill), decided by the Commonwealth Court of Pennsylvania last month, the law regarding the expansion of an accepted description of injury has come full circle.Commonwealth Court Sets Chilling Precedent Regarding Utilization Reviews
As practitioners of workers' compensation are aware, in 1993, the General Assembly enacted Act 44, an amendment to the Workers' Compensation Act, which sought to substantially control medical costs associated with work-related care.High Court Affirms Cinram Regarding Amendment of Description of Injury
Back in 2007, the Commonwealth Court case of Cinram Manufacturing Inc. v. W.C.A.B. (Hill) held that a workers' compensation judge, or WCJ, did not err in expanding the claimant's accepted work injury from a lumbar strain to a herniated disc during the pendency of a termination petition, despite the fact that the claimant never filed a review petition seeking to expand the injury. Given that Cinram seemed to be at odds with the Supreme Court's holding in Jeanes Hospital v. W.C.A.B. (Hass) , which was the seminal case dealing with an amendment to the accepted description of injury, the court granted the employer's petition for allowance of appeal from the order of the Commonwealth Court. Last month, the Supreme Court upheld Cinram , thereby putting the issue to rest. Its implications are significant and represent an unequivocal victory for injured workers.The Relevance of Cooper v. Schoffstall in the Workers' Comp Forum
In the state Supreme Court case of Cooper v. Schoffstall, the court addressed a lingering issue that rears its head on a daily basis in the average workers' compensation practice. While the case does not stem from a workers' compensation claim, or the Commonwealth Court for that matter, it probably has more relevance in the workers' compensation forum than in other areas of civil litigation. Cooper concerns the availability, in a civil case, of the discovery of financial records of a nonparty expert medical7th Circuit: Racial Preferences Can't Determine Work Assignments
Brenda Chaney, a certified nursing assistant, claims in a lawsuit that she was restricted from helping a patient in need because her employer enforced a racial preference policy that prevented Chaney from helping the patient because of the color of her skin.Veteran Who Sought Shift Change Entitled to Workers' Compensation
A Vietnam War veteran who cannot work rotating shifts due to post-traumatic stress disorder is entitled to workers' compensation benefits, an en banc panel of the Commonwealth Court has ruled. The court, in Zink v. Workers' Compensation Appeal Board (Graphic Packaging Inc.) concluded that, given the context of his specific employment, Graphic Packaging's companywide switch to a rotating shift system substantiated George Zink's claim that his mental condition was aggravated by abnormal working conditions.TRENDING STORIES
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