May 08, 2013
Fitchett v. WCAB (School District of Philadelphia), __ A.3d __ (Pa. Cmwlth., No. 1713 C.D. 2011, filed April 8, 2013). In this case, the Commonwealth Court upheld a suspension of benefits, based a voluntary removal from the workforce, in the … Continue reading
December 20, 2012
Subrogation: the lone exception to the absolute right of subrogation. Frazier v. WCAB (Bayada Nurses, Inc.), 52 A.3d 241 (2012). In this case, the claimant was awarded workers’ compensation benefits as a result of being injured while traveling as a … Continue reading
December 10, 2012
Physical/Mental Standard: New Enterprise Stone & Lime Co., Inc. v. WCAB (Kalmanowicz), __ A.3d __ (Pa. Cmwlth., filed December 6, 2012) The Commonwealth Court affirmed the granting of a Claim Petition, alleging a physical/mental injury. In this case, the claimant … Continue reading
October 31, 2012
Thomas Krushauskas v. WCAB (General Motors), __ A.3d __ (Pa. Cmwlth No. 446 C.D. 2011, filed October 11, 2012) In this matter, the claimant was receiving benefits pursuant to a Notice of Compensation Payable. He stopped receiving benefits after accepting … Continue reading
September 19, 2012
Notice of Ability to Return to Work Smith v. WCAB (Caring Companions, Inc.), __ A.3d __ No. 417 CD 2012 (Pa. Cmwlth., September 12, 2012). In the context of a Claim Petition, the employer issued a job offer to the … Continue reading
August 29, 2012
Supreme Court: Cruz v. WCAB (Kennett Square and PMA Management Corporation), No. 41 MAL 2012 In Kennett Square Specialists v. WCAB (Cruz), 31 A.3d 325 (Pa. Cmwlth. 2011), the Commonwealth court reversed a suspension of benefits by reason of the … Continue reading
August 27, 2012
Commonwealth Court: Hoang v. WCAB (Howmet Aluminum Casting, Inc.) No. 2277 CD 2001 (Pa. Cmwlth., filed August 20, 2012). The claimant settled his workers’ compensation case via a full compromise and release (C&R). Over a month later, medical bills surfaced … Continue reading
August 21, 2012
The Pennsylvania State University v. WCAB (Rabin, Deceased), No. 224 C.D. 2011 (Pa. Cmwlth., filed August 15, 2012) This case upholds the award of fatal claim benefits where (1) the decedent was not on the employer’s premises at the time … Continue reading
June 17, 2012
Case Law Summaries May 2012 Reinstatement of Benefits Sladisky v. WCAB (Allegheny Ludlum Corp.), __ A.3d __ (Pa. Cwmlth. 67 C.D. 2011, filed May 15, 2012). The claimant was working in a light duty position while receiving partial disability benefits. … Continue reading
April 20, 2012
American Road Lines and Lexington Insurance Co. v. WCAB (Royal), No. 2428 C.D. 2010 (Pa. Cmwlth, filed February 23, 2012). The Commonwealth Court looked to how employment status is determined in the trucking industry, noting that the relationships that exists … Continue reading
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