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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Workers’ Compensation
PA Workers’ Compensation – Legislative Report
There are a number of bills pending before the Pennsylvania Legislature which seek to amend the PA Workers’ Compensation Act. Summaries of three are set forth below: SB 1232 - “According to the American Payroll Association, more than 95% of workers receive their pay...
Self-Referral Prohibition Applies to Pharmacies
On May 16, 2024, the Commonwealth Court issued a significant decision in the combined cases of 700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office (State Workers’ Insurance Fund), No. 560 C.D. 2020 and State Workers’ Insurance Fund v. Bureau of...
EDI Notice
PLEASE NOTE: The below warning now appears on WCAIS: Final decisions rendered (including C & Rs), signed agreements, and LIBC-751s must have an EDI transaction to reflect the acceptance, modification, suspension, or closure of the claim in WCAIS. This is nothing...
What records must an IRE physician review in order for his or her opinion to be valid?
The Commonwealth Court addressed this question (as well as yet another constitutional issue) in the case of Conrad v. Department of Transportation (Workers’ Compensation Appeal Board), No. 557 C.D. 2022, filed February 26, 2024. The short answer is: “whatever...
When is employment truly concurrent?
The Miriam-Webster Dictionary defines ”concurrent” as: operating or occurring at the same time. “Not necessarily so!” says the Commonwealth Court. The definition is not to be strictly applied when defining employment under the Pennsylvania Workers’ Compensation Act....
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...
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...