The Commonwealth Court refuses pension credit for an employee who retires and then returns to the same employer part time. Section 204(a) of the Workers Compensation Act states, in part, that: The… benefits from a pension plan to the extent funded by the employer...
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LEGISLATIVE UPDATE RE: HOUSE BILL 930
The Pennsylvania House of Representatives has passed legislation that will significantly increase workers’ compensation costs in Pennsylvania. House Bill 930 seeks to amend the provisions of the Pennsylvania Workers’ Compensation Act addressing disfigurement...
Notification of Suspension or Modification (LIBC-751) Revised
PLEASE NOTE: The following important Notice was published via WCAIS on 01/14/2022: Notification of Suspension or Modification (LIBC-751) Revised On Dec. 22, 2021, Governor Tom Wolf signed Act 95 (House Bill 1837) into law. This act amended Section 413(c) & (d)...
PA Employers and Insurers to be Adversely Impacted by Section 440 Counsel Fees
Section 440(a) of the Pennsylvania Workers’ Compensation Act provides: In any contested case where the insurer has contested liability in whole or in part, including contested cases involving petitions to terminate, reinstate, increase, reduce or otherwise modify...
COVID-19 AND THE WORKPLACE
According to statistics published by the PA Department of Labor & Industry, 14,013 new workers’ compensation claims were filed alleging to exposure to the COVID-19 virus during 2020. As of this writing, 7,284 such claims have been filed this year. Like any claim...
COMMONWEALTH COURT ADDRESSES “RETROACIVITY” OF WHITMOYER
On March 10, 2021, the Commonwealth Court of Pennsylvania decided the case of Beaver Valley Slag, Inc. v. Marchionda (WCAB), No. 867 C.D. 2020, which effectively held that a previously executed Third Party Settlement Agreement (TPSA) could be modified to disallow...
Calculation of 120-Day Notice Requirement
How much time does an injured employee have to report a work-related injury to his or her employer? Section 311 of the PA Workers’ Compensation Act provides: Unless the employer shall have knowledge of the occurrence of the injury, or unless the employe or someone in...
Medical Bill Quandary
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...
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...
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...