Pennsylvania Workers' Compensation Journal

An online digest of developments in Pennsylvania workers' compensation practice and procedure

Saturday, August 30, 2003

Commonwealth Court Adheres Strictly To The Pleadings Where Equities Fall In Favor Of Claimant

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In Lynette Anderson v. W.C.A.B. (Pennsylvania Hospital) the Claimant burned her hand and a Notice of Compensation Payable was issued for ...
Thursday, August 28, 2003

Supreme Court Will Not Review admissibility Of Medical Reports Issue

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The Supreme Court denied allowance of appeal in Weaver, Pet v. WCAB (State of the Art, Inc.) The Commonwealth Court's opinion: W. Weav...

All Cases of Occupational Disease Under the Workers' Compensation Act Get the Section 301(e) Presumption

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In J. McMullen v. WCAB (City of Philadelphia) a city firefighter alleged asbestosis. The Commonwealth Court, who apparently knows what the...
Wednesday, August 27, 2003

Device Stretches the Transverse Carpal Ligament to Avoid Carpal Tunnel Surgery

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A product called MDCtrack(TM) treats mild, moderate and severe forms of carpal tunnel syndrome by applying pneumatic traction to stretch th...

Statute Of Limitations Is Tolled By Employer-Paid Treatment When Employer Has Notice Of Work Injury

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In Harley Davidson, Inc. v. WCAB (Emig, Jr.) the Claimant had a 1993 injury and obtained medical treatment paid for by either the Employer...

Post-Injury Job Offer Must Be Consistent With The Claimant's Prior Capabilities Of Transportation, Child Care, Etc.

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In South Hills Movers v. WCAB (Porter) the Claimant was a mover/packer who did out of town work and was often away for two weeks to a month...

Look Back Period For Long Term Exposure to Occupational Noise is Three Years From the Earlier of the Last Date of Exposure or the Date of Filing

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CBS/Westinghouse et al. v. WCAB (Fontana) is a hearing loss claim. The Employer argued that where the Claimant did not work from March 14,...
Tuesday, August 26, 2003

WCJ May Accept After-Generated Evidence and Change Credibility Determination Upon Cudo Remand

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In Ranbar Technology, Inc. v. WCAB (Riley) the WCJ initially denied the Claimant's petition alleging an organic brain syndrome and depr...

Supreme Court to Consider Calculation of AWW When Second Injury Occurs Within a Year

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The Supreme Court granted the Employer's Petition for Allowance of Appeal in Zerby v. WCAB (Reading Anthracite Company) and consolidated...
Monday, August 25, 2003

Two Articles on Cervical Disc Replacement Surgery

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A cervical and lumbar disk replacement device is in FDA trials, and there are several articles about the use of the device. One article foc...

CT Scans of Chronic Low Back Pain Patients Show Less Density of Paraspinal Muscles

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A study from Norway published in the Journal Spine and reported in Doctor's Guide found the cross-sectional area and density of paraspi...
Tuesday, August 19, 2003

Supreme Court Will Consider Whether Sexual Harassment Can Be Abnormal Working Condition

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In a Per Curiam Order dated July 1, 2003 the Supreme Court granted a Petition for Allowance of Appeal in Heath v. WCAB (Pennsylvania Board o...
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