Wednesday, April 27, 2005

Fall in Leased Parking Lot Not Compensable

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In J. P. Ortt v. WCAB (PPL Services Corp.) the Commonwealth Court affirmed the WCJ and the Board which determined the Employe's fall in...

Workers' Memorial Day

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April 28 is Workers' Memorial Day. Information and materials are available on the AFL-CIO web site.
Friday, April 22, 2005

After Retirement, Burden Shifts To Claimant To Show No Work Is Available Within The Claimant's Restrictions

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County of Allegheny (Department of Public Works) v. WCAB (Weis) is a significant case on the receipt of workers' compensation benefits ...

Supreme Court Decision in Jeanes Hospital

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The Supreme Court issued its decision in Jeanes Hospital v. WCAB (Hass), the Commonwealth Court case that held a Review Petition to add to t...
Thursday, April 21, 2005

Two Articles on Spinal Disk Replacement

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There have been several articles about the artificial disk approved by the FDA such as this one . However, a survey of 133 surgeons conducte...
Tuesday, April 12, 2005

United States Supreme Court Case in Sullivan is Relevant to Burden to Prove Pension Offset is Appropriate

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AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, et al.,PETITIONERS v. DELORES SCOTT SULLIVAN et al., is the Supreme Court of the United St...
Monday, April 11, 2005

Commonwealth Court Explains When Permanent Does Not Mean Permanent

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In N. Wieczorkowski v. WCAB (LTV Steel) the Commonwealth Court again held that permanent (injury) does not mean permanent when the Employer...
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 ...