According to statistics published by the PA Department of Labor & Industry, 14,013 new workers’ compensation claims were filed alleging to exposure to the COVID-19 virus during 2020. As of this writing, 7,284 such claims have been filed this year. Like any claim filed under the PA Worker’s Compensation Act, in order for the claim […]
COMMONWEALTH COURT ADDRESSES “RETROACIVITY” OF WHITMOYER
On March 10, 2021, the Commonwealth Court of Pennsylvania decided the case of Beaver Valley Slag, Inc. v. Marchionda (WCAB), No. 867 C.D. 2020, which effectively held that a previously executed Third Party Settlement Agreement (TPSA) could be modified to disallow subrogation against work-related medical treatment expense. This case is an interpretation of the Supreme […]
Calculation of 120-Day Notice Requirement
How much time does an injured employee have to report a work-related injury to his or her employer? Section 311 of the PA Workers’ Compensation Act provides: Unless the employer shall have knowledge of the occurrence of the injury, or unless the employe or someone in his behalf, or some of the dependents or someone […]
Medical Bill Quandary
It has now been nine months since the Commonwealth Court’s head-spinning Decision in Workers First Pharmacy Services, LLC v. Bureau of Workers’ Compensation Fee Review Hearing Office (Gallagher Bassett Services), 225 A.3d 613 (Pa. Cmwlth. 2020), decided on January 16 of this year. The Court has not yet clarified its ruling or addressed the problems […]
IREs Revisited – Again
In the recent Decision in Rose Corporation v. W.C.A.B. (Espada), No. 661 C.D. 2019, filed 08-17-2020), the Commonwealth Court considered the Employer’s argument that Act 111 of 2018 [adopting new IRE provisions to replace the former IRE provision struck down by the Supreme Court in Protz v. W.C.A.B. (Derry Area School District), 161 A. 3d […]
Commonwealth Court Confirms that 20% Fee Deduction from all Compensation, including Medical Expense, is Reasonable per se
On May 14, 2020, the en banc Commonwealth Court issued an Opinion on reasonable counsel fee deduction in the case of Neves v. WCAB (American Airlines), 1431 C.D. 2018 (Pa. Commonwealth Ct., 2020). This decision should have a very practical application in the day to day handling of Pennsylvania Workers’ Compensation claims. To summarize, the […]
Should the Ruling in Protz be Applied Retroactively?
The Pennsylvania Supreme Court addressed that question in its decision issued on June 16, 2020 in the case of Dana Holding Corp. v. WCAB (Smuck), No. 44 MAP 2019, 2020 Pa. LEXIS 3289. David Smuck (Claimant) sustained a work-related back injury in 2000, which rendered him disabled. In June of 2014, Claimant submitted to an […]
PA Supreme Court Confirms No Right of Direct Action Against Third-Party Tortfeasor by a Workers’ Compensation Insurance Carrier Pursuing a Subrogation Claim
On November 21, 2018, the PA Supreme Court decided the case of The Hartford Insurance Group, on behalf of Chunli Chen vs. Kafumba Kamara, Thrifty Car Rental, and Rental Car Finance Group, (24 EAP 2017; Pa. Supreme Court), involving the question of whether a workers’ compensation insurance carrier can directly sue the third-party tortfeasor where […]
House Bill 1840 Passes Through the State Senate
House Bill 1840 is that Bill introduced by State Representative Robert Kauffman (and others) to deal with the effect of the Decision of the Pa. Supreme Court in Protz v. W.C.A.B. (Derry Area School District), 161 A. 3d 827 (Pa 2017). Recall that, in Protz, the Supreme Court struck down the IRE system (put into […]
Show Me the Video! (and what can happen when you can’t)
A May 10, 2018, article that appeared in the Fresno Bee reminded me of something that happens all too frequently. An employee gets “caught on tape” committing some fireable offense, but when the matter comes up for a hearing, the video is nowhere to be found. Either it was taped over, lost, or worse, deliberately […]
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