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March 28, 2024 | The Legal Intelligencer

What Are These 'Long-Standing and Fundamental WC Principles'?

The claimant did an excellent job of demonstrating the error in the board's opinion that had reversed her success before the WCJ in a termination petition. As the court determined that the case was "precedential" a review is warranted.
5 minute read
January 30, 2024 | The Legal Intelligencer

Commonwealth Court Addresses Appeals Following a Remand in Workers' Comp Case

The appellate process when confronted with a remand can become a minefield. It is important for the practitioner to become familiar with the nuances of when and how to appeal. A review of Wheatley and its progeny as cited in the case, could prove to be invaluable.
4 minute read
November 21, 2023 | The Legal Intelligencer

Employer Obligations Under Section 413(a) of the Workers' Comp Act

The case considers whether an employer should be held responsible for notifying an injured worker when the three-year statute of repose of Section 413(a) of the act would expire.
7 minute read
September 29, 2023 | The Legal Intelligencer

Constructive Notice Under the Workers' Comp Act in 'Woodhouse'

The court ultimately concluded that the communications in question as revealed in the record were not sufficient to satisfy the notice requirements of the act, thereby reversing the underlying decisions of both the workers' compensation judge (WCJ) and the Workers' Compensation Appeal Board (board).
7 minute read
August 24, 2023 | The Legal Intelligencer

Workers' Compensation Cases: Settlement Valuation Revisited

Since there is almost no way to force a lump sum settlement in the workers' compensation arena, the most effective way to achieve such a result is through convincing the defendants that they will save money in the long run by settling the case. It is really that simple.
6 minute read
Law Journal Press | Digital Book Maslanka’s Texas Field Guide to Employment Law 2019 Authors: Michael P. Maslanka