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 […]
About Daniel J. Margonari
Ambulance vs. Paratransit Services – Walking a Fine Line
It seems almost common sense that an ambulance can transport a patient, right? Well in some circumstances it is not that simple. In other words, while ambulances are granted a fair amount of deference to transport patients, if the particular transport falls within the jurisdiction of the Public Utilities Commission (“PUC”), the ambulance service may […]
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. § […]
Knowing when to say you’re sorry – The Benevolent Gesture Medical Professional Liability Act
In Pennsylvania, the Benevolent Gesture Medical Professional Liability Act provides a level of protection to health care providers seeking to reach out to patients and family members after a less than optimal medical course. In essence, this law excludes from evidence any apology, explanation or similar statement made by a health care provider, prior to […]
Erosion of the “Abnormal Working Condition” Standard for “Mental-Mental” Work-Related Injuries
For nearly three decades Martin v. Ketchum, 568 A.2d 159 (Pa. 1990) has set the standard upon which a claimant may establish a compensable psychological injury as a result of a work-related mental stimulus or “mental-mental” injuries. The Pennsylvania Supreme Court drew the following line in the sand: A claimant must produce objective evidence which […]
Jones v. MetroHealth – Ohio Court Reduces Damages under Affordable Care Act
Recently, an Ohio court, in Jones v. MetroHealth, Cuyahoga County Court of Common Pleas Case No.757131, recognized an argument by a defendant healthcare entity, reducing an award on the basis of the Affordable Care Act. The relevant arguments as to the Affordable Care Act’s limitations took place in this case in the context of a […]
Potential Defense under the Affordable Care Act
Given the expanded medical coverage provided for under the Affordable Care Act (“ACA”), the question has arisen as to the effect of this coverage on a personal injury plaintiff’s ability to recover future medical costs. Specifically, the ACA mandates all persons to carry health insurance and precludes insurance companies from denying coverage based on pre-existing […]