Tuesday, October 04, 2005

Three Supreme Court Cases At End Of September

At the end of September the Supreme Court published three significant cases. Generally: Kramer v. WCAB (Rite Aid Corporation) held all employers, not just self-insured ones, can take the severance (and presumably the pension) offset of section 204(a); Reifsnyder, Remp & Hoffa v. WCAB (Dana Corporation) held a Claimant remains "employed" for the Section 309(d) average weekly wage calculation during periods of layoff (without inclusion of unemployment compensation benefits received) and Westinghouse Electric Corporation/CBS v. WCAB (Korach) discussed the Claimant's right to add injuries to the description of injury consistent with the Supreme Court's decision in Jeanes Hospital. Also, the Supreme Court held in Rothrock v. Rothrock Motor Sales, Inc. that a supervisor could not be discharged for refusing to attempt to dissuade an employee from seeking workers' compensation benefits.

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