Attorney's Fees Awarded for Frivolous Appeal

In a typical case of the Employer contesting a Claim on the basis of medical causation, the Commonwealth reviewed the Employer's several arguments on appeal and found them each addressed by precedent or matters of credibility. This, coupled with the fact that Claimant's Counsel's Attorney Fee Request was very reasonable ($175.00/hr. but only three hours), culminated in the Court awarding the requested fee on the basis that the Employer's appeal was frivolous.

One issue was the impact of Weaver v. State of the Art on a Claim petition for a closed period less than 52 weeks with a suspension at the end. Citing Ruth Family Medical Center v. Steinhouse, the court stated Section 422(c) allowed reports in this case because the life of the claim is less than 52 weeks. The Court stated Weaver applies in cases where the life of the claim is more than 52 weeks. Therefore, the Court perpetuated the issue: When the Claimant was off for ten months in the past and wants to offer a medical report to claim a closed period of another three months (even with a termination) could he or she? Weaver suggests the answer is no.

Interview with Deputy Secretary for Compensation and Insurance Elizabeth Crum

The Evening Sun features an article and interview with Deputy Secretary Elizabeth Crum upon her appointment to serve in the Rendell Adminisration.

Insurance Company Status Update

Articles on the financial status of Legion/Villanova, Harleysville and Ohio Casualty

Secretary Schmerin Confirmed

Stephen M Schmerin has been unanimously confirmed by the Senate to become the 31st Secretary of the Department of Labor and Industry.

A Reliance Post-Mortem

An article in Treasury and Risk Management uses Reliance's fall as a case study of how to analyze whether an insurer is in trouble.

Erie Insurance receives an Upgrade and a Downgrade

Erie Insurance has broken into the Fortune 500 companies based on total revenue. A.M. Best, however, lowered Erie's property and casualty financial strength rating to A+ from A++.

Deputy Secretary for Compensation and Insurance Elizabeth Crum appointed to Serve in Rendell Administration

Pennsylvania Labor and Industry Secretary-Designee Stephen M. Schmerin appointed Acting Deputy Secretary Elizabeth Crum to serve permanently in the Rendell Administration.

Botox Treatment for Low Back Pain

Dr. Koop presents a detailed description of the use of Botox treatment for low back pain. The treatment is used to reduce muscle spasm. In a study five patients reported complete pain relief after four months, and the remaining seven experienced at least a 50 percent reduction in pain.

Low Level Heat Therapy for Low Back Pain

In another study, the American Congress of Rehabilitation Medicine and the American Academy of Physical Medicine and Rehabilitation endorsed the claims of the Procter & Gamble Company, makers of the ThermaCare(r) HeatWrap, that use of their product feels good. This was published in the form of a scientific study showing use of the heat wrap was twice as effective as the placebo. What was the placebo, an unheated back wrap? Well, yes, with ibuprofen, and the heat wrap users got a sugar pill.

Drug Free Workplace Pilot Project Extended

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.

Commonwealth Court Affirms Determination of Insurance Carrier Based on Estoppel

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.

Commonwealth Court Again Continues Harle Suspension on Economic Layoff

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.