Over the last approximate ten year period, the courts of the Commonwealth have addressed the applicability of collateral estoppel in Workers’ Compensation, Heart and Lung and other related areas. Although there is still a good bit of room for the parties to argue their respective positions, the case decisions have started to take some shape […]
Protz v. WCAB (Derry Area School District): The Death of the IRE
In the Summer 2016 edition of this Bulletin, this author outlined the assault the claimant’s bar and the Pennsylvania appellate courts had begun on Section 306(a.2) of the Workers’ Compensation Act (see TR&C Workers’ Compensation Bulletin, Vol. XIII, No. 8, Summer 2016). With its recent decision in Protz v. WCAB (Derry Area School District), No. […]
IRE: A Glance at Recent Developments
In recent years, there has been a considerable uptick in the volume of case law which has been handed down regarding Impairment Rating Evaluations (IREs). Under Section 306(a.2) of the Workers’ Compensation Act, 77 P.S. § 511.2, after receiving 104 weeks of total disability benefits, at the employer’s request, a claimant must submit to a […]
2017 Workers’ Compensation Rate Announced
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Child Support Liens: Impact on Workers’ Compensation Settlement Awards
In Pennsylvania, workers’ compensation lump sum settlements must account for existing child support arrears. Injured workers are typically required to sign a Child Support Affidavit and a lien search is required using the injured worker’s social security number to ensure that no liens exist. Pennsylvania’s Domestic Relations statute provides the following as to child support […]
BUT I TOLD HIM NOT TO DO THAT! Violation of Positive Work Orders Revisited
Depending upon the circumstances, a “violation of a positive work order” may provide an affirmative defense to a workers’ compensation claim.[1] Three criteria must be met: (1) The injury must be, in fact, caused by the violation of the order or rule; (2) The employee must actually be aware of the order or rule prior […]
An Assault on the IRE
Act 57 was enacted by the Pennsylvania legislature to help reduce the cost of workers’ compensation in the Commonwealth of Pennsylvania. Consistent with trends in many states across the country, Act 57 contained a provision at Section 306(a.2) which provided a method of evaluating a claimant’s permanent partial disability, and limiting the benefits available for […]
“Gig Workers” and the Pennsylvania Workers’ Compensation Act
A growing number of Americans no longer hold steady jobs with a single employer. Instead, they are now working in what is known as a “gig” format, although they are not musicians or artists. As a gig worker, an individual is hired to work on a particular project or for a defined period of time. […]
Recent Hire Injured?? Calculation of Average Weekly Wage Where Injured Worker Has Not Been Employed for a Complete 13-Week Period.
The method for calculation of an injured workers’ average weekly wage (AWW) is set forth in §309 of the Workers’ Compensation Act. The Supreme Court noted in the case of Triangle Building Center v. WCAB (Linch), 560 Pa. 540, 746 A.2d 1108 (2000) that the mechanics of the legislative scheme set forth in §309 of […]
IRE Provisions of the Workers’ Compensation Act Found to Be Unconstitutional
Background/Case Review On September 18, 2015, the Commonwealth Court filed its decision in Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.), 2015 Pa. Commw. LEXIS 404 (Pa. Commw. Ct. Sept. 18, 2015). In that opinion, the court declared Section 306(a.2) of the Workers’ Compensation Act (hereafter the “Act”), 77 Pa. Stat. Ann. § […]