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...
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Year: 2015
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...
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...
Travel Expense Reimbursement Revisited
We last visited the issue of travel expenses to obtain medical treatment in our Summer 2012 issue of the TR&C Pennsylvania Workers’ Compensation Bulletin. In that issue, we advised that travel expenses are reimbursable when the travel is considered “long...
Legal Implications of Electronic Medical Records (EMR) Documentation for Nurses: “Charting” a Better Course
As a medical malpractice defense attorney, I can attest to the important role that medical records play in defending medical negligence lawsuits, especially charting that is done by nurses. Considering that a patient has two years in which to file a medical...
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...
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...
Trending Topics in Nursing Depositions
As a medical malpractice defense attorney, I have attended many nursing depositions over the years. A deposition is a question and answer session where the opposing attorney gets to ask the nurse-witness a wide variety of questions about the care that he or she gave...
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...
Expressing Breast Milk in the Workplace
Best employment practices should motivate employers to accommodate mothers who make reasonable requests to express breast milk in the workplace. If a family friendly workplace and best practices don’t provide sufficient motivation, avoiding legal liability should....