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...
A Long History Of Excellence
Year: 2020
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...
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...
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...