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 […]
A Pound of Prevention Costs Less Than an Ounce of Cure
Any manager with an Internet connection can pull up hundreds of articles about how to avoid employee lawsuits. All of them preach essentially the same practices. Yes, you should know and understand federal, state and local laws against discrimination. Yes, you should be proactive in setting clear expectations. Yes, you should have documentation to support […]
The Seven Rules Every HR Manager Knows
Everyone who has ever worked in Human Resources has probably experienced these principles at some point or another. And so, with tongue planted not-too-firmly in cheek I offer them to you: No good deed ever goes unpunished. One of the worst things you can do is to fail to follow your own policies. You might […]
Do You Really Need Non-Compete Agreements With Your Hourly Employees?
On December 7, 2016, the Chicago Tribune reported that sandwich maker Jimmy John’s had agreed to a $100,000.00 settlement with the Illinois attorney general over its use of non-compete agreements with its hourly employees. Those agreements barred employees from working at another sub shop while employed with Jimmy John’s and for a period of two […]
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