The Drug Free Workplace pilot project is a program offered by Drug Free Pennsylvania and SWIF that offers a workers' compensation premium credit for those SWIF insureds which enroll in Drug Free Pennsylvania's "Drugs Don't Work Here" program. The credit is up to 5%, and is available from SWIF's Philadelphia, Harrisburg, Pottsville and Sunbury offices. The program is extended for an additional year.
in Overhead Door Company v. WCAB (Gill), The Commonwealth Court reviewed a case where SWIF defended the case as if it was the carrier for fifteen months, then presented evidence from the Employer that the Claimant was employed by a different corporation of the Employer and AIG was the carrier. The WCJ's ultimate decision was that SWIF was estopped from denying it was the responsible carrier. The Board and Commonwealth Court affirmed. The Court reasoned that the WCJ's subject matter jurisdiction over the Claimant's claim was sufficient to give jurisdiction to make the finding that SWIF was the responsible carrier.
In Klarich v. WCAB (RAC's Association), the Commonwealth Court affirmed the WCJ's medical only grant of a claim petition where the Claimant continued to work without restrictions up to his economic layoff. The Claimant had restrictions which the WCJ credited, but the Claimant testified his restrictions did not prevent him from performing his pre-injury duties. The Court reasoned the Claimant could not show he was unable to perform his pre-injury duties, so the burden did not shift to the Employer to show job availability.