Ralph Martin Construction and Lackawanna American Insurance Co. v. Miquel Castaneda- Escobar (WCAB) ___ A.3D___, No. 341 C.D.2021 (Pa. Cmwlth filed 8/1/22). In a case of first impression, the Court addressed Employer’s appeal from the WCAB Decision which held that the...
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Workers’ Compensation
NEW COMMONWEALTH COURT CASE CONFIRMS THAT EMPLOYER ACTED PROPERLY IN REFUSING TO PAY FOR PRESCRIPTIONS NOT CAUSALLY RELATED TO THE WORK INJURY DESPITE UNCHALLENGED UTILIZATION REVIEW (UR) DETERMINATION THAT FOUND PRESCRIPTIONS TO BE REASONABLE AND NECESSARY
Theresa Skay v. Borjeson & Maizel LLC(WCAB) ___A.3D___ (Pa. Cmwlth. filed 5/10/22; reported 7/26/22) No 999 C.D. 2021. As we know Employers have been in a quandary since the 2020 Commonwealth Court’s decision in Workers’ First Pharmacy Services, LLC v. Bureau of...
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)...
Social Security Off-Sets, Vocational Disclosure Rules and a Felony Conviction
On January 7, 2022, a three judge panel of the Commonwealth Court of Pennsylvania issued a decision in the case of Sadler v. Philadelphia Coca-Cola (WCAB), 1294 C.D. 2020, which addressed four primary legal issues. The court’s opinion was extremely lengthy and...
Employer Credit for Pandemic Compensation Denied
On January 3, 2022, a panel of the Commonwealth Court of Pennsylvania issued its Opinion in the case of Carbon Lehigh Intermediate Unit No. 21 v. Kimberly Waardal (WCAB), 750 C.D. 2021, in which the employer requested a credit against workers’ compensation benefits...
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...
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...
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...