Tuesday, January 06, 2004

Supreme Court Denies Appeal on Some Cases of Interest, Consolidates Korach With Jeanes Hospital

The Supreme Court denied Allowance of Appeal in Sekulski v. WCAB (Indy Associates) (June 18, 2003 post) a course and scope of employment case commented on at Hershey.

The Supreme Court also denied Allowance of Appeal in Shire v. WCAB (General Motors) (July 8, 2003 post). The Shire holding including non-work related sickness and accident benefits in an AWW for a later injury may not be inconsistent with the way the Court is leaning in Colpetzer/Zerby (August 26, 2003 post), in which the issue is whether a Claimant's AWW from a prior work injury gets included in an AWW calculation for a later work injury.

The Supreme Court granted Allowance of Appeal in Westinghouse Electric, Pet v. WCAB(Korach) (July 1, 2003 post), consolidating it with Jeanes Hospital (September 23, 2003 post). In Korach, the statute of limitations with respect to the filing of a Claim Petition to add a psychiatric description of injury to the NCP was tolled by the payment of psychiatric bills by the Employer.

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