Saturday, December 31, 2005

Supreme Court Affirms Gardner, But Holds Employer Can File a Petition to Modify Based On Later IRE

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In Gardner v. WCAB (Genesis Health Ventures) and Wal-Mart Stores, Inc. v. WCAB (Rider) the Supreme Court addressed the mandatory language o...
Wednesday, November 23, 2005

WCRI Report on Provider Choice

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The Workers' Compensation Research Institute (WCRI) issued a report entitled The Impact of Provider Choice on Workers' Compensation ...
Thursday, November 10, 2005

Supreme Court Holds Section 301(c)(1) Amendment Is Not Bar To Contract Exception To Coming and Going Rule

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In Wachs v. WCAB (American Office Systems & Donegal Mutual Ins. Co.) the decedent had a fixed place of business. He worked in his home ...
Thursday, October 06, 2005

Commonwealth Court Publishes SERS Pension Offset Case

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The Commonwealth Court granted the motion to publish DPW/Polk Center v. WCAB (King), wherein the WCJ rejected the Commonwealth's request...
Wednesday, October 05, 2005

Workers' Compensation Office of Adjudication Has New Web Page

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The Workers' Compensation Office of Adjudication has created its own web page containing links to materials for adjudication. There is ...
Tuesday, October 04, 2005

Three Supreme Court Cases At End Of September

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At the end of September the Supreme Court published three significant cases. Generally: Kramer v. WCAB (Rite Aid Corporation) held all empl...
Saturday, September 24, 2005

C&R Unsigned Before Claimant's Death Cannot Be Approved

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S. M. Facchine, et al. v. WCAB (Pure Carbon Co. & PMA Group) held that because the statute requires the Compromise and Release be signed...
Monday, September 12, 2005

Testimony that a Condition is Subject to Periods of Exacerbation and Remission is Competent to Support Reinstatement After Termination

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In C. Taylor v. WCAB (Servistar Corporation) the Claimant suffered from work-related plantar fasciitis in 1993. She worked at light duty un...

Another Case Holds Notice Of Ability To Return To Work Is Mandatory

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In Allegis Group (Onsite) and ITT Hartford v. WCAB (Henry) the Claimant was suspended by the Employer based on available light duty work. Wh...
Saturday, September 03, 2005

Individuals Performing Community Service Not Employees of County

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In W. Mooney v. WCAB (County of Schuylkill) the Claimant was performing community service painting a church when he fell and hurt his arm. ...
Tuesday, August 23, 2005

Commonwealth Court Holds W.C. Security Fund Is Not Subject to Penalties

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The Commonwealth Court held in G. Luvine v. WCAB (Erisco Industries) that a penalty may not be awarded against the Workers' Compensation...
Thursday, August 18, 2005

Dismissal For Failure To Prosecute May Be With Prejudice Without WCJ's Statement of Same

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In A. J. Clayton v. WCAB (Carpentry Concepts, Inc.) the Claimant did not prosecute his case in three hearings, and did not show up at the s...