Sunday, December 31, 2006

Three Supreme Court Cases

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The Supreme Court held in Pitt Ohio Express v. WCAB (Wolff) that a job the Claimant rejects in bad faith remains available in perpetuity (u...
Friday, December 29, 2006

A Review of 2006 Cases

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A review of 2006 cases from the defense perspective by Daniel Diloreto for the Legal Intelligencer.
Sunday, December 03, 2006

Analysis of Recent Commonwealth Court Cases on SERS Pension Offset

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Law.com article with analysis of The Penn State Univ, et al. v. WCAB (Hensal) and DPW/Western Center v. WCAB (Cato) .
Wednesday, November 29, 2006

Commonwealth Court Confirms WCJ Should Take Limited Evidence On Petition to Review Utilization Review That Is Granted For Lack of Records

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In R. Gazzola v. WCAB (Ikon Office Solutions) the Employer's Utilization Review was granted when the treating physician did not provide...
Tuesday, November 21, 2006

Results Similar With or Without Lumbar Disk Surgery

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The New York Times covered a recent study from JAMA finding patients with ruptured lumbar disks recovered with or without surgery. The stu...
Monday, November 13, 2006

Articles On Passage of Act 147

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Articles on the passage of Act 147 include a release by the Pennsylvania Chamber of Business and Industry and general information . The Cha...
Wednesday, November 01, 2006

"Spine" Journal Article About Use of Spinal Fusion

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According to an article in the new edition of the journal Spine , rates of lumbar spinal fusion surgery for chronic back problems have incre...
Wednesday, October 18, 2006

Commonwealth Court Holds Relevant Prior Medical Records Must Be Provided To IME Physician

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In Central Dauphin School District, et al. v. WCAB (Siler) , the Claimant was successful in a Claim Petition to establish injuries including...
Monday, October 16, 2006

Commonwealth Court Holds WCJ Has Jurisdiction Over Attorney Fee Disputes Between Counsel When Prior Counsel's Fee Has Been Approved

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In K. Hendricks v. WCAB (Phoenix Pipe & Tube) , the Commonwealth Court held Pitt v. Workmen’s Compensation Appeal Board (McEachin) , 636...
Thursday, October 12, 2006

Claimant Cannot Petition for Modification or Reinstatement More Than Three Years After Last Date of Payment, Even When a Specific Loss is Discovered

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In R. Seekford v. WCAB (R.P.M. Erectors), the Court analyzed whether the Claimant could file a claim for specific loss of his arm almost six...

Employer Can File Termination Petition After IRE -- No Penalties for Unreasonable Contest

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In J. Schachter v. WCAB (SPS Technologies), The Commonwealth Court held an award of attorney’s fees for unreasonable contest was not appropr...
Tuesday, October 03, 2006

Commonwealth Court Holds Parties Can't Look Behind The Last Supplemental Agreement

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In Sharon Tube Company v. WCAB (Buzard) the Commonwealth Court restated the principle that the parties cannot look behind the last Suppleme...