Curent Trends in Workers' Compensation Insurance

Risk and Insurance Magazine on-line has an overview article of the present factors affecting workers' compensation rates.

Law Journal Television Program on the Web

The Law Journal TV Program in Philadelphia posts its past programs for webcast. Settling the Workers' Comp Claim was presented on March 17. 2003 and You Got Your Workers' Comp Benefits-- Now Get Back to Work! was presented on May 19. The latter program could be on the webcast page in several weeks.

Unispacer Treatment for Arthritic Knees

Dr. Charles L. Cole Jr., an orthopaedic surgeon from SUN Orthopaedic Group Inc. in Lewisburg is offering the Unispacer insert to avoid knee replacement surgery in arthritic knees.

A. Zacour v. WCAB (Mark Ann Industries)

A. Zacour v. WCAB (Mark Ann Industries) is a case in which the Claimant received a third-party settlement that exceeded the accrued workers' compensation lien. The issue was at what percentage the Claimant should receive credit for the Claimant's costs of litigation when a medical expense is incurred. The WCJ and the Board used the percentage of total costs of the third-party award that the Employer was responsible for. However, the Commonwealth Court noted that to the extent the Claimant used the balance of the subrogation lien for medical, the Claimant would be shorted. Accordingly, the Court held the Claimant was entitled to receive the same percentage of medical expenses as the percentage of future TTD the Claimant is entitled to receive during the grace period.

Wausau Insurance Companies v. WCAB (Comm. of PA)

In Wausau Insurance Companies v. WCAB (Comm. of PA) Wausau argued that supersedeas reimbursement in a claim petition starts when compensation is no longer payable rather than a later date when supersedeas was requested. The context is a grant of a claim and a termination by the WCJ, then the Board (15 months later) reversed the termination portion of the WCJ's order. The Employer immediately filed a Termination Petition and appeal with supersedeas requests. On remand, the termination date found by the WCJ was later, but still 29 months prior to the Employer's supersedeas request. Reviewing the relevant case law and statute, the Commonwealth Court held the Employer cannot get supersedeas reimbursement prior to its request, even though the result is not equitable.

Based on this decision, the Employer has a right to and must file a petition with a supersedeas request during the pendency of a claim petition when evidence warrants. Disposition of the petition will be preserved in the appeal record.

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.