Allied Products and Services v. WCAB (Click)

In Allied Products and Services v. WCAB (Click) the WCJ rejected the vocational expert's testimony as not credible. On appeal, the Employer alleged errors in the application of Section 306 of the Act. The Court did not reach any of these issues because without credible vocational expert testimony, the Employer cannot sustain its burden.

P. Dowhower v. WCAB (Capco Contracting)

P. Dowhower v. WCAB (Capco Contracting) is a case regarding when an IRE request is timely, e.g. within 60 days of the expiration of 104 weeks of temporary total disability. The Commonwealth Court held that where an Employer requested designation of an IRE physician before the expiration of 104 weeks, but didn't have the exam and issue the Notice of Change of Workers' Compensation Disability Status until after 104 weeks had expired, the IRE and change of status is valid.

Saint Luke's Hospital v. WCAB (Ingle)

In Saint Luke's Hospital v. WCAB (Ingle) the Commonwealth Court clarified the burden of a Claimant seeking reinstatement of temporary total disability benefits when she was fired from her modified duty job due to a criminal charge. At the time the Claimant was fired, she was merely charged, but later she pled guilty to a lesser charge. The Court held that when considering whether the Claimant was discharged "through no fault of her own" the WCJ must consider both job related and off duty conduct.

B. Hill v. WCAB (Ballard, Spahr, Andrews & Ingersoll, et al.)

The case of B. Hill v. WCAB (Ballard, Spahr, Andrews & Ingersoll, et al.) in its prior consideration by the Supreme Court held that an Employer could offer work to the Claimant during the pendency of a Claim petition and the Claimant had a duty to follow up on the offer in good faith. On remand, The Commonwealth Court analyzed whether the Employer met its burden to show job availability in this specific case, and the Court found insufficient evidence that a job was offered because the only job availability evidence was presumed when the Claimant and her doctors were asked if she could do certain jobs. The court held this evidence does not satisfy the second prong of Kachinski to show an open, available job within the Claimant's restrictions was offered.

M. Frye v. WCAB (Volkswagen of America)

In M. Frye v. WCAB (Volkswagen of America) the WCJ granted the Employer's modification petition and ceased 20% counsel fees awarded under the interlocutory denial of supersedeas. Although Counsel was successful in getting the Board to award counsel fees on the continuing partial disability benefit that was not at issue in the underlying modification petition, the WCJ, the Board and the Court denied counsel's attempt to recover this fee and a penalty for the period between the time the WCJ Order was issued and the time of the Board's Order.

Bethlehem Steel Payments of Workers' Compensation Benefits to Recommence

According to the Patriot-News, the Department of Labor and Industry has advised injured workers of Bethlehem Steel who have stopped receiving payments that an insurer will take over payment in thirty days.

J. Hail v. WCAB (City of Philadelphia)

J. Hail v. WCAB (City of Philadelphia) outlines a case in which the Claimant was found to have voluntarily retired from the work force and benefits were suspended. The Claimant took a service based pension and moved to a trailer park. The WCJ found the Claimant did not folow through in good faith on job development because he failed to look for jobs on his own, although he did follow-up on all the jobs referred and was not offered employment. It is an unpublished opinion, which is appropriate because these cases are fact specific.

Study on the Use of Flexeril in Cases of Acute Low Back Pain

Flexeril 5 mg provides symptomatic relief and reduced recovery time in cases of acute muscloskeletal spasm according to an article in Clinical Therapeutics. The study was reported on in Doctorsguide.com.

Study on the Use of Manual Therapy in Cases of Neck Pain

In cases of neck pain, a study endorsed manual therapy for relief in the acute phase, finding it more effective than physiotherapy or medications.

New Study on CT Guided Nerve Blocks

A recent study concluded computed tomography-guided interventional procedures offer highly accurate and conservative therapies for patients with back pain. The treatment decreased the need for pain medications by persons in the study and most importantly less than 3% of patients who underwent a CT guided interventional procedure needed surgical treatment for pain management.

Commonwealth Court Publishes Opinion on Disposition of Penalties for Late Reimbursement of Blue Cross

In Westinghouse Electric Corp. v. WCAB (Weaver) the Commonwealth Court denied a laundry list of Employer arguments surrounding what penalties are due when the employer is late in reimbursing Highmark Blue Cross and to whom the penalties are paid. The penalties are payable to the Claimant. Penalties are payable: 1) On bills Ordered to be reimbursed by the WCJ, regardless of whether LIBC-9 or HCFA forms were provided; 2) Without regard to Highmark's agreement to waive penalties for a period of time; 3) On amounts found on the Explanation of Benefits forms even though the accident lien report showed different numbers; 4) On the difference when Highmark's reimbursement was less than the Act 44 repriced amount; and 5) On the Claimant's deductible. The Court further rejected the Employer's argument that no penalties are payable because the Claimant received no award on amounts payable to Highmark. The Claimant did receive indemnity and medical benefits for the injury.

Todd Seelig Selected as Chair of the PBA Young Lawyers Division

Congratulations to WCJ Todd Seelig who will be Chair of the Young Lawyer's Division of the Pennsylvania Bar Association at the Annual Meeting April 23-25 in Philadelphia.