PA Commonwealth Court

23rd Apr 2018

By: Douglas A. Williams In Pennsylvania, when an injured worker receives workers’ compensation benefits, the insurance carrier may require the injured worker to meet with a vocational “expert.” After the meeting, the vocational expert will prepare a “labor market survey.” …

First Post Protz IRE Decision is Helpful

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25th Sep 2017

By: Thomas C. Baumann The Commonwealth Court had offered its first interpretation of Protz v. WCAB (Derry Area School District), 161 A.3d 827 (Pa. 2017) (Protz II) in Thompson v. WCAB (Exelon Corporation) No. 1227 C.D. 2016. This decision is helpful to …

A Workers’ Late Notice of the Employer’s Uninsured Status Limits Both Medical and Wage Loss Benefits

By : | Category : Blog, Court Decisions, Medical Benefits, PA Commonwealth Court, Termination of Benefits, Workers' Compensation | Comments Off on A Workers’ Late Notice of the Employer’s Uninsured Status Limits Both Medical and Wage Loss Benefits

16th Jun 2016

By: Sandra Weigel Kokal In a recent Commonwealth Court Case, the Court held that if an injured worker fails to notify the Uninsured Employers Guaranty Fund (Fund) within 45 days after the injured worker knows that the employer does not …

12th Apr 2016

By: Thomas C. Baumann Recently, Abes Baumann argued a case before the Pennsylvania Supreme Court regarding credibility determinations for physicians who perform Impairment Rating Evaluations. In the case of Rhodes vs.WCAB, Tom Baumann argued that the Workers’ Compensation Judge was …

Impairment Rating Evaluations (Will Supreme Court Rule on their Fairness)

By : | Category : Blog, Court Decisions, PA Commonwealth Court, Termination of Benefits, Workers' Compensation | Comments Off on Impairment Rating Evaluations (Will Supreme Court Rule on their Fairness)

11th Jan 2016

By: Thomas C. Baumann As noted in my last blog entry, many injured workers in Pennsylvania receiving Worker’s Compensation benefits are obligated to undergo an impairment rating evaluation after they have received 104 weeks of total disability benefits. When the Pennsylvania …

Abnormal Working Conditions

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24th Feb 2015

In a recent Commonwealth Court case (PA Liquor Control Board v. WCAB (Kochanowicz), the Commonwealth Court held that experiencing an armed robbery while working in a liquor store was not a normal working condition, and the Claimant is entitled to …

The Bunkhouse Rule

By : | Category : Blog, Court Decisions, PA Commonwealth Court, Workers' Compensation | Comments Off on The Bunkhouse Rule

4th Sep 2014

In Pennsylvania, “the bunkhouse rule” provides that an employee’s hours of employment are not necessarily limited to the hours actually worked. Travelling back to 1924, the Pennsylvania Commonwealth Court has revived the rule. In the 1924 case, scabs were replacing striking …

The Going and Coming Rule

By : | Category : Blog, Court Decisions, PA Commonwealth Court, Workers' Compensation | Comments Off on The Going and Coming Rule

Not all injuries suffered while commuting to work are exempt from Workers’ Compensation. A recent Commonwealth Court case argued by Abes Baumann  reversed the decisions of the Workers’ Compensation Appeal Board and the Workers’ Compensation Judge and found that a …

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