Claim Petition Available Online

The Claim Petition for Workers' Compensation Benefits is now available to complete and file online at the Bureau of Workers' Compensation's Quick Links Site.

Status of OSHA Regualtion of Repetitive Stress Injuries

An article in the Washington Post details the debate about reporting of repetitive stress injuries. The OSHA rule requiring reporting passed by the Clinton Administration was reversed by the Bush Administration.

Petition for Allowance of Appeal Granted with Grant of Supersedeas, But The Unreported Commonwealth Court Opinion Posting Has Expired

The Supreme Court granted a Petition for Alllowance of Appeal and granted supersedeas in Gibson v. WCAB (Armco Stainless & Alloy Products), Petition of: Armco Stainless, et al. Apparently the underlying case was unreported and its posting expired after 90 days. If anyone knows the issue and/or can provide a copy of the unreported decision, email me.

SWIF Unsuccessful In Voiding Policy On Allegation Of Employer Misrepresentation

In SWIF v. WCAB (Hering, et al.) the Claimant was found by the WCJ to be an employee of the Employer while working as a parcel delivery person. Upon SWIF's review of the policy, they found the Employer was charged a premium based on a nominal estimated payroll of $1,000.00 for parcel delivery persons, category 808, and SWIF resisted the claim arguing SWIF relied on an Employer representation to its detriment, therefore voiding the policy.

The evidence revealed there is a system of checks and balances through The Pennsylvania Compensation Rating Bureau and the Insurance Department that prevent a category being taken off the policy without reason. In this case, the procedure had been complied with. Based on information including the Employer's computerized payroll printouts, SWIF had received permission to leave category 808 off. SWIF nevertheless issued the policy with this category and assumed the risk of this claim.

Workers' Compensation Carrier Can Take Subrogation Against UIM Award From the Employer's Policy Under Act 44.

In C. Schwaab v. WCAB (Schmidt Baking Co., Inc.) the Commonwealth Court rejected the Claimant's arguments attempting to collect both workers' compensation benefits and uninsured motorist benefits under the employer's policy for his work-related automobile accident. The Court stated the Claimant has no defense to the workers' compensation carrier taking subrogation against the UIM award under Act 44.

Supreme Court May Rule on Unbundling Attorney's Fees

The Supreme Court granted the Claimant's appeal in Vitac Corporation, Pet v. WCAB (Rozanc) and denied the Employer's appeal. This would suggest the Supreme Court is interested in the unbundling of attorney's fees that the WCJ denied, the Board allowed, and the Commonwealth Court denied stating Section 440(a) only allows as costs attorney’s fees, witness costs, necessary medical examination costs, and the value of unreimbursed lost time to attend the proceedings.

The costs at issue in the case were paralegal and law clerk fees. Other sometimes unbundled costs of doing buisness include: in-office photocopying, overnight delivery, Westlaw/Lexis, telephone, fax etc.

No Penalty When Question of law or Fact Remains Unresolved.

Alex Hostina, Dec., Claimant, et al. v. WCAB (Allied Signal, Inc., et al.) includes a very complex factual pattern, but a simple result. No penalty is payable where a question of law or fact remains unresolved.

The Comprehensive NeuroMuscular Profiler (TM)

The company Medical Technologies Limited anticipates FDA approval of a product called The Comprehensive NeuroMuscular Profiler that assesses the functional impairment of soft tissue injuries by providing objective data to correlate with subjectively limited ranges of motion. Article from claimsportal.com. Miami Herald Article

In Second Specific Loss to the Same Extremity, a Credit is Given for Prior Specific Loss

In J. Schemmer v. WCAB (US Steel) the Commonwealth Court affirmed the WCJ and Board's grant of the Employer's Petition to Modify to a specific loss. The Court also restated the principle that when the Claimant has lost a body part in a prior injury, the compensation for that part can be credited from a loss further up the extremity. In the case, the Claimant lost his lower leg in a motorcycle accident, then lost an additional portion of the leg in the work injury.

Claimant Can Not Be Awarded Penalties After C&R

In Dr. Lincow v. WCAB (Prudential Securities, Inc.) the WCJ found the doctor's treatment unreasonable and unnecessary but on appeal to the Board, the WCJ's decision was reversed. The Board ruled despite the fact they were on notice that the case was C&R'd. The Doctor filed a Penalty Petition due to non-payment. On appeal from the Board, the Court reinstated the WCJ's ruling.

The WCJ denied the Penalty Petition finding the provider's claim was moot. The Court affirmed on this basis and on the basis that since the claim was C&R'd no penalties could be awarded because they are payable to the Claimant. The Court stated there was no standing because the Claimant had released the Employer from all liability under the Act.

This reasoning would suggest that a Claimant who alleges a violation of the Act in the administration of the C&R agreement does not have standing to file a Penalties Petition.

Commonwealth Court Abolishes Common Law Marriage

PNC Bank Corporation v. WCAB (Stamos) is a fatal case where the spouse proved the existence of a common law marriage before the WCJ. The Commonwealth Court engaged in a lengthy discussion of the background of the doctrine of common law marriage. The Court sated the Supreme Court has questioned the viability of the doctrine, allowing the Commonwealth Court to abolish the doctrine. The Court said the doctrine is not necessary where access to a marriage license and magistrate is not limited like it was in the frontier days. The Court finally stated its abolition of the doctrine is prospective in application.

Medical Developments In Low Back Pain

Medical news from the last week:

Call it decompression or call it the rack, these articles say it works.

Perhaps you prefer something more cerebral.

But watch out for the opposite of healthy cognitive therapy.