Wednesday, December 31, 2003

Supreme Court to Review Timely Filing of Petition to Review Utilization Review Determination

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The Supreme Court granted the Employer's Petition For Allowance of Appeal in Gallie v. WCAB (Fichtel & Sachs Industries) . The case...

Governor Rendell Signed HB88 on December 23 -- Effective February 21, 2004

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Governor Rendell signed House Bill 88 (see December 22 post) on December 23. The Act is effective in sixty(60) days, so February 21, 2004 w...

Overutilization of Low Back Fusion

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A New York Times Article (free subscription required) observes that while low back fusion has not been demonstrated to be more effective th...
Wednesday, December 24, 2003

Decision on Reasonable Attorney's Fees

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In PATLA news, there is a link to a Decision of WCJ Eric Jones , posted, I think, for the proposition that a reasonable attorney's fee f...
Monday, December 22, 2003

Maximum Compensation Rate for 2004

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The Maximum Workers' Compensation Rate for 2004 is $690.

Legislation Addressing Caso and Other Issues Sent to Governor Rendell for Signature

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House Bill 88 was sent to the Governor December 17, 2003 for action by December 27, 2003. The major provision of this legislation is to el...
Tuesday, December 09, 2003

Section 306(a.2) Sixty (60) Days Runs From the Date of Payment When the 104 Weeks Expires During the Pendency of a Claim Petition.

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Wal-Mart Stores, Inc. v. WCAB (Rider) gives an answer to the question of what happens when the 104 weeks under section 306(a.2) of the Act ...

Pre-Claim Petition UR Binds the Parties

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In L. Krouse v. WCAB (Barrier Enterprises, Inc.) a UR found chiropractic treatment not reasonable and necessary in what was then a medical ...
Monday, November 10, 2003

Commonwealth's Contributions to PSERS Are Not Offset From W.C. Benefits

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In Pittsburgh Board of Education v. WCAB (Dancho) the issue was offset for pension contributions of the Commonwealth to the Public School E...
Saturday, November 08, 2003

Claimant Cannot Reinstate By Offering Evidence That He Could Never Do The Job In The Prior Modification

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In R. Williams v. WCAB (Hahnemann University Hospital) the Claimant was modified by Order of the WCJ, then petitioned for reinstatement aft...

Commonwealth Court Holds No Pension Offset Unless Employer is Self-Insured

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In Welliver McGuire, Inc. v. WCAB (Padgett) the Commonwealth Court addressed the argument that an Employer is not entitled to offset for a ...
Friday, November 07, 2003

Commonwealth Court Remands Case to Board to Explain How the Range of Weeks Most Judges Would Award For Disfigurement is Arrived At

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In Lord & Taylor v. WCAB (Bufford) the record supported only a finding that a scar that is three-quarters of an inch to an inch in leng...