Pennsylvania Workers' Compensation Journal: Disability Law

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Disability Law

Pennsylvania Workers' Compensation Journal

Digest of Developments in Pennsylvania Workers' Compensation Practice and Procedures.
By Judge Robert Vonada

Post Frequency: 0.3/day

Last Entry: October 02, 2020 at 17:20:03

New York Times previews study of how parties fared when they rejected settlement and went to trial

Posted on August 09, 2008
A study of outcomes for parties who rejected settlement and went to trial will be published in the September Journal of Empirical Legal Studies. In this preview, the New York Times touches upon some of the issues that cause parties not to settle. Overall, the study reported plaintiffs got less in 61% of cases, while defendants paid more in 24% of cases...

Commonwealth Court reaffirms standard for notice in occupational hearing loss claims

Posted on August 08, 2008
In Crompton Corporation v. WCAB (King) the Claimant filed a claim for occupationally induced hearing loss on April 2, 2004, and thus provided notice of the claim to the Employer. The Employer identified a new patient information sheet completed by the Claimant on May 7, 2002, on which the Claimant indicated to his physician he believed his hearing loss was work-related...

Centers for Medicare and Medicaid Services determines thermal intradiscal procedures are not reasonable and necessary

Posted on August 04, 2008
An Ortho Supersite article excerpted from the journal Spine states CMS proposes to issue a national non-coverage determination for thermal intradiscal procedures (TIPs). CMS? review indicates the mechanism of the associated diagnosis ? nonspecific chronic low back pain ? as well as the mechanism of the treatment are uncertain according to the medical literature.

Commonwealth Court reverses Workers? Compensation Appeal Board holding that Claimant?s disability began on first day off work

Posted on August 04, 2008
In Albert Einstein Healthcare v. WCAB (Stanford) the WCJ awarded benefits based on the testimony of the Claimant?s doctor that the Claimant was disabled while under his treatment. However, the Claimant did not start treating with the doctor until over a year after her last date of work...

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Statute of Limitations Waiver and Workers? Compensation

Posted on July 26, 2008
A Law.com article reports many companies are using and enforcing a waiver limiting statutes of limitations for employment claims to six months. The waiver is executed in the job application. The article refers to employment discrimination claims. The Pennsylvania Workers? Compensation Act provides parties can?t alter the provisions of the Act except in collective bargaining...

Article on Introductory Joint Session in Mediation

Posted on July 26, 2008
Mediator Robert A. Steinberg recently published an article on opening statements in mediation with several tips for parties to interact with each other in joint sessions. This is particularly valuable given the current discussion suggesting more joint sessions should occur in mediation...

Commonwealth Court Remands in Serial Termination Case

Posted on July 18, 2008
In M. Prebish v. WCAB (DPW/Western Center) the Commonwealth Court accepted the Claimant's argument that the Employer must show a change of condition to prevail in a serial termination petition. The Employer's expert opined the Claimant's injured right knee was not different than the left knee with findings of preexisting arthritis...

Mediation Practice Well Represented in Blogs

Posted on July 13, 2008
Mediators have the ambition and the aptitude to produce very useful blogs on the subject. One place to sample this information is at The World Directory of ADR Blogs. Another is Mediate.com?s Mediate.com Featured Blogs

Commonwealth Court Grants Reargument in Diehl

Posted on June 26, 2008
The Commonwealth Court granted the Respondent's petition for reargument and vacated the prior decision in T. Diehl v. WCAB (IA Construction, et al.). The case will be listed for reargument.

New York Times Article on Back Pain and its Treatment

Posted on June 05, 2008
As part of its Special Section: A guided tour of your bodyThe New York Times assembled a few articles on back pain and its treatment.As stated by Dr. Russell K. Portenoy, chairman of the department of pain medicine and palliative care at Beth Israel Medical Center in New York...

Supreme Court Grants Appeal in Case Where WCJ Amended the Description of Injury Without a Review Petition

Posted on May 20, 2008
In Cinram Manufacturing, et al, Pets v. WCAB (Hill) the Supreme Court granted the Employer?s Petition for Allowance of Appeal.The Employer is arguing the Claimant had to file a Review petition according to Jeanes Hospital v. WCAB (Hass), 872 A.2d 159 (Pa...

Commonwealth Court Remands In Modification Case Where Employer Provided Work Within the Claimant's Restrictions Then Took It Away

Posted on February 05, 2008
C. Rosenberg v. WCAB (Pike County) is a case of modification of benefits based upon a labor market survey. The Claimant is a corrections officer who suffered a knee injury. The Employer then placed the Claimant in a job the Claimant was capable of performing as a clerical worker with the Board of Elections...

Injury Resulting from Horseplay Generally Compensable

Posted on January 27, 2008
In Sysco Food Services of Phila v. WCAB (Sebastiano) the Claimant was injured engaging in horseplay. While the question of whether the Claimant was an innocent victim remained unresolved in the mind of the Commonwealth Court, the Court noted the Claimant was in his regular work area and his actions, even if viewed in their worst light, were not so disconnected with his regular work duties for the Claimant to be considered, with respect to the employer, nothing more than a "stranger" or "trespasser...

Largest Workers? Compensation Rate Reduction in a Decade

Posted on January 12, 2008
The Pennsylvania Compensation Rating Bureau (PCRB) has proposed a 10.22 percent average reduction in workers? compensation policy rates for 2008, according to a Pittsburgh Business Times Article. The recommendation will go to the Pennsylvania Insurance Department for approval...

Labor Market Survey May Be Done In Area Of Claimant's Residence Even If Out Of State

Posted on January 12, 2008
In H. Riddle v. WCAB (Allegheny City Electric, Inc.), the Claimant was injured in Pittsburgh, but had a residence in Wheeling, West Virginia and lived with his father at a nearby address in Ohio, where the Claimant held a driver?s license.The Claimant?s benefits were modified based on a labor market survey focusing on Wheeling...

SWMS Associated With Cancer

Posted on November 30, 2007
The International Agency for Research on Cancer, the cancer arm of the World Health Organization, will designate overnight shift work as a probable carcinogen according to a Pittsburgh Post-Gazette article. Judge David Torrey identifies the 1998 case of Met...

Report From National Workers? Compensation and Disability Conference and Expo

Posted on November 09, 2007
Human Resource Executive Online summarizes a discussion from the National Workers? Compensation and Disability Conference and Expo about outcome based workers? compensation management. The panelists are all names Pennsylvania workers? compensation practitioners will recognize.

NIOSH Guide: Simple Ways To Prevent Musculoskeletal Injuries in Construction

Posted on November 08, 2007
Safety Online ArticleNIOSH .pdf materials

Furlough Benefits Are Not Severance Benefits

Posted on November 05, 2007
In G. Kelly v. WCAB (US Airways Group, Inc.) the Commonwealth Court reversed the opinion of the Board and WCJ that furlough benefits are severance benefits for which the Employer is entitled to a credit under Section 204(a) of the Act. The Court applied a plain language analysis.

L&I Offers Policy Search Via Internet

Posted on October 25, 2007
Information on workers compensation coverage for Pennsylvania employers is available at PA Employer WC Insurance Info on L&I's web site. The search will show the current insurance carrier and the coverage history.

Commonwealth Court Holds Expense Reimbursement Should Be Included in AWW

Posted on October 10, 2007
In T. Lennon, Dec', et al. v. WCAB (Epps Aviation, Inc.), the Claimant, an airplane pilot, received expense reimbursement for board and lodging from his employer. Claimant?s Counsel argued these amounts should be included in the average weekly wage calculation under Section 309(e) of the Act on the basis that they represent payments for board and lodging...

Commonwealth Court Reinforces Principle That Average Weekly Wage Calculations Should Be Made According To The Act?s Provisions.

Posted on October 09, 2007
In Lahr Mechanical, et al. v. WCAB (Floyd) the WCJ accepted the Claimant?s testimony about his expected wages and hours to make a Section 309(d.2) average weekly wage calculation. The Claimant testified he expected the prevailing rate. The Claimant was actually paid at three different rates: local, prevailing and overtime...

Article Reporting Medicare Delays in New Jersey Workers? Compensation Settlements

Posted on October 09, 2007
This Star-Ledger article reports on the history and development of CMS reviews of workers? compensation settlements and the delays in processing these reviews. It is a very complete overview of the issue.Thanks to WCJ David Torrey

Elizabeth Crum Elected President of IAIABC

Posted on October 09, 2007
Liz Crum, Deputy Secretary of Compensation and Insurance, was elected President of the International Association of Industrial Accident Boards and Commissions. The IAIABC?s mission is to advance the administration of workers? compensation systems throughout the world through education, research, and information sharing.

Commonwealth Court Allows WCJ to Review Description of Injury Without Review Petition

Posted on September 13, 2007
In Cinram Mfg., Inc. & PMA Group v. WCAB (Hill), the Claimant had a herniated lumbar disc as early as 2000. When the Claimant had a work injury in March of 2004, the Employer described the injury as a lumbar strain. The Employer later filed a Termination Petition, alleging the lumbar strain had resolved...

Commonwealth Court Holds WCJ May Not Decide Termination Petition After Full C&R

Posted on August 22, 2007
In Bureau of Workers' Compensation v. WCAB (US Food Service) the Commonwealth Court held the Employer could not get a post C&R decision on a pending termination petition and proceed to request supersedeas reimbursement.The Court distinguished the present case from the Optimax case, holding a C&R is a final resolution of a case unlike the stipulation the parties entered into in Optimax...

Supreme Court Grants Appeal on Whether Penalties Can Be Assessed In Workers' Compensation Security Fund Case

Posted on August 18, 2007
In Constructo Temps and Workers' Compensation Security Fund v. WCAB (Tennant), the Commonwealth Court held the Workers' Compensation Security Fund and the Employer are not responsible for penalties according to the provisions of the Act. The Supreme Court has granted the Claimant's petition for allowance of appeal...

Commonwealth Court Holds Employer May Take Section 204 Offset Only After Receipt of LIBC-756

Posted on August 18, 2007
In Maxim Crane Works v. WCAB (Solano) the Claimant was injured on October 10, 2000 and was terminated by the Employer in December of 2000. In January of 2003, the Claimant applied for social security old age benefits. An agreement for compensation was entered into on April 4, 2003, and a supplemental agreement was entered into on September 12, 2003...

Superior Court Case on Standard of Review of Allocation of Third Party Settlement

Posted on March 12, 2007
In Urmann V. Rockwood Casualty, the Claimant and his wife received a third party settlement. The Common Pleas Court held a hearing and approved a proposed allocation of $50,000.00 to the Claimant and $250,000.00 to his wife for loss of consortium. The Superior Court affirmed the decision of the Common Pleas Judge...

The Lens of Dispute Resolution Through Mediation

Posted on March 11, 2007
This Article by Stewart Levine gives a clear description of the complete cost savings of conflict resolution. This is another valuable resource for parties to understand the process and benefits of mediation.

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