Sunday, June 27, 2004

Local SSA Interpretation Limits Fee Reduction to Lifetime Pro-Ration of Indemnity

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When preparing Sciarotta Language for Compromise and Release Agreements, Counsel typically does not show the attorney's contingent fee ...
Tuesday, May 25, 2004

Commonwealth Court Reverses WCJ's Finding of Abnormal Working Condition in Supervisor's Pattern of Harassment

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In RAG (Cyprus) Emerald Resource, LP v. WCAB (Hopton) the Claimant alleged mental/mental disability arising from several instances of homos...
Thursday, May 20, 2004

Commonwealth Court Defines Procedure for Proving Modification Based on Surveillance Evidence of Earning Power

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J. Burrell v. WCAB (Philadelphia Gas Works, et al.) is a case that has application in many areas. In the final analysis the Commonwealth C...
Monday, May 17, 2004

Commonwealth Court Holds Claimant Did Not Meet His Burden to Reinstate After Retirement

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A. Capasso v. WCAB (RACS Associates, Inc.) describes the Claimant's burden to overcome testimony that he retired. Once the Claimant te...

Penalties Are Awarded When Employer/Insurer Takes Unilateral Suspension Upon Accrual of Credit

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In T. Palmer v. WCAB (City of Philadelphia) The Employer took a unilateral suspension because the Claimant became entitled to a pension tha...
Wednesday, May 12, 2004

Bureau Statement of Policy Confirms Act 53 Qualifications of Vocational Experts are the Qualifications Set Forth at 34 Pa. Code §123.202

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As noted in the recent Bureau of Workers' Compensation News and Notes, the Bureau issued a Statement of Policy providing the qualificat...
Monday, May 10, 2004

Requirement of "Furthering the Employer's Business or Affairs" When Work Injury Occurs Off the Premises

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In an article in the Pennsylvania Bar Association Quarterly, James A. Tinnyo, Esquire analyzes Acme Markets, Inc. v. WCAB (Purcell) to hold...

No Proof of Change of Condition is Necessary for Second IRE in a Twelve Month Period

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In S. Hilyer v. WCAB (Joseph T. Pastill, Jr. Logging), the Commonwealth Court endorsed the Bureau's Regulation at 34 Pa. Code §123.102(...
Monday, May 03, 2004

NCP, Including Description Of Injury, Can Be Reviewed Where Facts Were Available At Time NCP Was Issued

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In Meenan Oil Co., L.P. v. WCAB (Pownall) the Commonwealth Court held that pursuant to Section 413(a) of the Act, a review petition can be f...
Monday, April 05, 2004

New NCP With Medical Only Check Box Published

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The Notice of Compensation Payable (LIBC-495) to use for medical only cases is available at the Workers' Compensation Forms Matrix Site...
Tuesday, March 23, 2004

Commonwealth Court Affirms Board Order Quadrupling Disfigurement Award

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In General Motors Corp. v. WCAB (McHugh) The Board explained a disfigurement case almost in the manner the Court asked the Board to do in L...
Monday, March 22, 2004

Employer Has Thirty Days After WCAB Supersedeas Disposition to Pay

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In R. Snizaski v. WCAB (Rox Coal Company) the Commonwealth Court reversed its holding in Hoover v. WCAB (ABF Freight Systems) and stated a...