Thursday, September 03, 2009

Commonwealth Court Reaffirms Employer is Responsible to Maintain Orthopedic Appliances

In Equitable Resources v. WCAB (Thomas) the Employer provided modifications to a bathroom. A water leak damaged the bathroom and finished basement. The Commonwealth Court applied Zuback v. Workers’ Compensation Appeal Board (Paradise Valley Enterprise Lumber Company) 892 A.2d 41 (Pa. Cmwlth. 2006) to state the employer was responsible for repairs. The rule of Zuback is that the Employer is responsible to repair or replace orthopedic appliances that are subject to normal wear. Zuback Post

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