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...
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Workers’ Compensation
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...
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...
PA Supreme Court Confirms No Right of Direct Action Against Third-Party Tortfeasor by a Workers’ Compensation Insurance Carrier Pursuing a Subrogation Claim
On November 21, 2018, the PA Supreme Court decided the case of The Hartford Insurance Group, on behalf of Chunli Chen vs. Kafumba Kamara, Thrifty Car Rental, and Rental Car Finance Group, (24 EAP 2017; Pa. Supreme Court), involving the question of whether a workers’...
House Bill 1840 Passes Through the State Senate
House Bill 1840 is that Bill introduced by State Representative Robert Kauffman (and others) to deal with the effect of the Decision of the Pa. Supreme Court in Protz v. W.C.A.B. (Derry Area School District), 161 A. 3d 827 (Pa 2017). Recall that, in Protz, the...
Medical Marijuana in Pennsylvania: Let the Good Times Roll
On April 17, 2016, the Pennsylvania Medical Marijuana Act (MMA) was signed into law. However, even at the outset, it was anticipated that it would take between 18 and 24 months to implement the program. Thus, we are only now beginning to address issues arising from...
Use of Collateral Estoppel in Workers’ Compensation and Heart and Lung Litigation – An Overview
Over the last approximate ten year period, the courts of the Commonwealth have addressed the applicability of collateral estoppel in Workers’ Compensation, Heart and Lung and other related areas. Although there is still a good bit of room for the parties to argue...