Thursday, October 07, 2004

Pennsylvania Workers' Compensation Journal Will Return November 15, 2004

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Pennsylvania Workers' Compensation Journal will return on a regular basis on November 15, 2004.
Monday, July 19, 2004

Penalty Granted On Prescriptions Unpaid When Insurer Cancels Prescription Card

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In T. Brenner v. WCAB (Drexel Industries) the Commonwealth Court reversed the Board and affirmed the WCJ's holding that the Employer/Ins...
Friday, July 16, 2004

C&R "Claimant Has Sustained No Other Injuries" Clause Held Not Effective

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In J. Wallace v. WCAB (Bethlehem Steel, et al.) the Claimant C&R'd a 1996-97 inhalation injury on March 1, 2001.  The C&R provi...
Thursday, July 15, 2004

Two More Cases Hold Date of Injury in Cumulative Trauma Case is Last Day of Work

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In Leslie Fay Companies, et al. v. WCAB (Macaluso, et al.) the Commonwealth Court let stand a WCJ's decision finding the date of injury...
Tuesday, July 13, 2004

Commonwealth Court Affirms Dismissal of Petition To Set Aside Compromise and Release Agreement Alleging Lack of Mental Capacity

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In M. Stiles v. WCAB (Dept. of Public Welfare) the Commonwealth Court affirmed a summary dismissal of a Petition to Set Aside a Compromise ...
Wednesday, July 07, 2004

Personal Injury Lawyers Look to Workers' Compensation as a Result of Tort Reform

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An article from the Philadelphia Business Journal reports that as personal injury lawyers have fewer and less lucrative cases, they are app...
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...