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What to Expect From the New IRE Legislation
Last week, Gov. Tom Wolf signed into law Act 111 of 2018 which sought to address the concerns of the Pennsylvania Supreme Court in Protz v. Workers' Compensation Appeal Board (Derry Area School District), which had invalidated the section of the Workers' Compensation Act pertaining to Impairment Rating Evaluations as unconstitutional.
Two Recent Commonwealth Court Cases Expand IRE Relief
Two cases decided by the Commonwealth Court in the last few months have solidified an injured worker's right to seek a reinstatement of benefits under the Supreme Court's decision in Protz v. Workers' Compensation Appeal Board (Derry Area School District), 161 A.3d 827 (Pa. 2017), at least until the Legislature acts.Conversion of the Notice of Temporary Compensation Payable
The notice of temporary compensation payable (NTCP) and its use has always been the topic of much debate since its inception.The Coming and Going Rule Revisited: Three Cases to Consider
A basic tenant of workers' compensation law is that commuting to and from work is not considered to be within the course and scope of one's employment. Of course, like most legal principles, the so-called “coming and going rule” does have exceptions.
Prescription Drug Bill, Workers' Comp System Make Strange Bedfellows
With the stroke of a pen, Gov. Tom Wolf ended—for now—the annual effort to “change the way medical treatment is administered under the workers' compensation system” by vetoing Senate Bill 936.
Commonwealth Court Revisits Workers' Compensation's 'Premises Liability'
Normally, work injuries arise when an employee is injured on or off the employer's premises, while actually engaged in furtherance of the employer's business or affairs. Last week, in US Airways v. Workers' Compensation Appeal Board Bockelman, No. 612 C.D. 2017, the Commonwealth Court revisited the less common compensability of a workers' compensation claim based on a premises theory of liability.Will 'Protz' be Applied Retroactively? Supreme Court Moves to Resolve Issue
As is well known, the Supreme Court in Protz v. W.C.A.B. (Derry Area School Dist.), 124 A.3d 406 (Pa. Commw. 2015), petition for allowance of appeal granted, 133 A.3d 733 (Pa. 2016), has found the entire IRE section of the Workers' Compensation Act to be unconstitutional.
Massage Therapy—Is It a Covered Medical Treatment or Not?
There are those injured workers who seek to maintain activities of daily living through “passive modalities” such as massage therapy, ostensibly saving the insurance company the cost of much more expensive treatment. More numerous are those insurance carriers who do not consider massage therapy to be “medical treatment” at all, and seek to avoid paying for such care—ironically at any costs. “Wouldn't we all love to stay home from work and get a massage,” the cynical criticism goes.
The Impact of 'Protz' on the Business Climate
As the old adage goes, be careful what you wish for; you might get it. This saying is currently playing itself out in the world of Pennsylvania workers' compensation law.
Independent Contractor or Employee: Court Tackles Issue Once Again
As outlined in this space back in June, the nature of an employment relationship is a question of law that is to be determined on a case-by-case basis. The Commonwealth Court case of Hawbaker v. Workers' Compensation Appeal Board, (Kriner's Quality Roofing Services and UEGF), 224 C.D. 2016, provided a springboard for discussing under what circumstances an injured worker can be considered an employee versus an independent contractor. Hawbaker also offered a comparison between the "traditional" factors in determining whether an employer-employee relationship exists and the specific statutory requirements of the 2010 Construction Workplace Misclassification Act (CWMA), which sought to codify criteria for classification of independent contractors in construction settings.TRENDING STORIES
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