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 […]
About Margaret M. Hock
Criminal Charges and the UC Process
Willful misconduct in the workplace may rise to the level of criminal conduct, resulting in an arrest, criminal charges and, oftentimes, discharge from employment. If the former employee then files a claim for UC benefits, the employer must still establish that the claimant engaged in willful misconduct, which has been defined as: 1) An act […]
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 […]
UC Audits
The mere word – “audit” – can strike fear in the hearts of the courageous and can cause one to want to run away and hide. But, each year, thousands of Pennsylvania employers are selected for audit to ensure compliance with the reporting and taxation provisions of the Pennsylvania Unemployment Compensation (UC) Law. Survival is […]
“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. […]
Has your business offered a job to an individual who is receiving UC benefits and the individual refused the offer?
Section 402(a) of the Pennsylvania Unemployment Compensation Law provides in part: An employee shall be ineligible for compensation for any week in which his unemployment is due to his failure, without good cause, either to apply for suitable work…or to accept suitable work…Provided, that such employer notifies the employment office of such offer within seven […]
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 […]