Tuesday, March 29, 2005

Commonwealth Court Holds WCJ Does Not Have Subject Matter Jurisdiction Over Employer's Petition To Find Work Injury Compensable

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In MPW Industrial Services v. WCAB (Mebane), the Employer sought to have an after hours automobile accident adjudicated to have occurred in ...
Monday, March 21, 2005

Commonwealth Court Holds Employer's Duty to Make Work Available Arises When Claimant Released from Incarceration

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In Keys-Pealers, Ltd./Pealer's Flowers v. WCAB (Bricker) the Commonwealth Court reaffirmed the premise that the Employer cannot get a ...
Friday, March 18, 2005

Dismissal "With Prejudice" is Within the Discretion of the WCJ

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US Airways & Reliance Nat'l c/o Sedgwick Claims Mgmt Services v. WCAB (McConnell) held the WCJ has the discretion to control the WC...
Tuesday, March 08, 2005

Labor and Industry Seeks Reversal of Commonwealth Court Holding That Employers Must Be Represented By Attorneys At Unemployment Compensation Hearings

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In Harkness v. UCBR the Commonwealth Court accepted the Claimant's argument that the Employer was improperly represented by a non-attor...
Tuesday, March 01, 2005

Claimant Not In Course and Scope of Employment When Going To His Car On Personal Errand

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In F. Wright v. WCAB (Larpat Muffler, Inc.) , the Claimant parked in the K-Mart lot across the highway from the Employer's premises, as ...

Where Valuable Pension Rights Are Forfeited Rather Than Delayed, Modified Duty Job Not Available

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City of Philadelphia v. WCAB (Shanks) is another case where the City of Philadelphia sought to bring an injured firefighter and EMT back to...
Friday, February 25, 2005

Employer Successful in Obtaining Pension Offset Gets Credit, Not Supersedeas Fund Reimbursement

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In City of Wilkes-Barre v. WCAB (Spaide) , the Employer filed a review petition seeking a pension offset. When the offset was awarded, the E...

Commonwealth Court Holds Order to Attend Vocational Evaluation is Interlocutory and No Record is Required

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In F. Swartz v. WCAB (Cheltenham York Road Nursing & Rehabilitation) , the Commonwealth Court considered whether a WCJ must hold an evid...
Wednesday, February 16, 2005

Interview with Pennsylvania Insurance Commissioner Says Act 44 Worked

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On the heels of the Legisative Budget and Finance Committee report stating the Act 57 reforms aren't working, Insurance Commisioner Dia...
Sunday, February 13, 2005

Commonwealth Employee Injured on the Job Cannot Sue Another Agency of the Commonwealth

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In Kincel v. Comm. of PA, DOT, et al. the Commonwealth Court ruled on an issue of first impression -- whether an injured employee of the Co...
Thursday, February 10, 2005

Commonwealth Court Restates Burden to Set Aside Compromise and Release Agreement

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In Farner v. WCAB (Rockwell International) the Commonwealth Court reviewed its recent decisions on a Claimant's burden to set aside a c...
Tuesday, February 08, 2005

Workers' Compensation Report of Legislative Budget and Finance Committee Posted

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House Resolution 660 of 2004 directed the Legislative Budget and Finance Committee of the Pennsylvania General Assembly to report on Pennsyl...