Case Law

Case Law Update | Kane v. WCAB (Pa. Cmwlth. June 25, 2015) | PA Work Injury

June 25, 2015

Claimant initially suffered right shoulder injury in March 1991; rec’d $436/week, ultimately returned to regular work and $ were suspended.  In December 1995, still w/same Employer, Claimant sustained left shoulder injury.  Rec’d $509/week and after two surgeries, returned to modified work. ... Read on »

Case Law Update | Paolucci v. UCBR (Pa. Cmwlth June 19, 2015) | PA Work Injury

June 22, 2015

Facts: Claimant worked for Employer (Wal-Mart) in various positions.  On 7/17/10, shelving fell on her and she sustained a concussion.  NCP for concussion and $422/week paid.  As of 11/10, her doctors had not released her, but an IME doctor in 12/10 found her fully recovered.  In 1/11, Employer... Read on »

Case Law Update | Duffey v. WCAB (Pa. Cmwlth June 26, 2015) | PA Work Injury

June 19, 2015

Question Presented: Whether IRE is invalid if it is subsequently determined during timely challenge to IRE that additional injuries occurred beyond those accepted as compensable.   Claimant sustained injuries to both hands while unknowingly picking up live wires.  NCP described injury as bilateral... Read on »

Case Law Update | Village at Palmerton v. WCAB (Pa. 334 C.D. 2014, filed June 12, 2015) | PA Work Injury

June 12, 2015

Claimant injured on 3/3/07and began receiving TTD as of 9/27/07.  As of 11/28/09 (not in dispute), she had received 104 weeks of TTD.  Employer realized its initial request for designation of IRE doctor (September 2009) was premature and tried to revive via letter on 12/16/09, postured as 2nd... Read on »

Case Law Update | Sch. Dist. of Phila. v. WCAB (Pa. Cmwlth. 1017 C.D. 2014, filed April 7, 2015) | PA Work Injury

May 27, 2015

Claimant was a 2nd grade teacher with a seriously unruly and violent class.  After a particularly bad incident on March 3, 2009, Claimant told her regular doctor she was dizzy, nauseous, etc.  Her doctor called Employer and pulled Claimant out of work.  After seeing a panel doctor, Claimant was... Read on »

Case Law Update I Reed v. WCAB (Allied Signal) (Pa. Cmwlth. 879 C.D. 2014, filed April 21, 2015) | PA Work Injury

April 22, 2015

Original claimant was granted compensation for asbestosis in 1985.  Benefits suspended 1990 for failure to follow through on reasonably available work.  In 1992, claimant was part of a group settlement of a 3d party (Owens Illinois) tort action for “$1.00 and or other consideration.” ... Read on »

Case Law Update I Pocono Mountain Sch. Dist. v. WCAB (Pa. Cmwlth. 548 & 663 C.D. 2014, filed April 10, 2015) | PA Work Injury

April 10, 2015

Claimant suffered work-related injury on 1/20/10 when he slipped and fell on ice, and struck his head, left shoulder and arm at work.  Employer’s NTCP converted to SCP on 4/24/10.  Claimant filed review petition to add specific loss of left hand.  Also, Claimant was 62 years old on day of... Read on »

Case Law Update | Elk Mountain Ski Resort v. WCAB (Pa. Cmwlth. 1017 C.D. 2014, filed April 7, 2015) | PA Work Injury

April 7, 2015

Claimant filed for death benefits on behalf of Decedent, who died while working for Employer after an Oct. 2011  utility tractor rollover accident.  Claimant filed as Decedent’s wife and listed their two daughters as dependents.  Employer accepted liability and agreed to death benefits for... Read on »

Case Law Update | Bierman v. WCAB (Pa. Cmwlth. 1336 C.D. 2014, filed April 1, 2015)

April 1, 2015

Written by our expert brief writer, Attorney Susan Nanes.    Fee dispute between former counsel (Larry Pitt) and current counsel (Richard Cullen).  Claimant sustained work-related injury in 1983 and LP got her ~$200/week.  Since then, for over 26 years, Claimant had been receiving these... Read on »

Case Law Update | Fortwangler v. WCAB (Pa. Cmwlth. 1085 C.D. 2014, filed March 31, 2015) | PA Work Injury

March 31, 2015

Written by our expert brief writer, Attorney Susan Nanes.    Claimant was hurt (cervical strain) in work-related motor vehicle accident on 1/25/07.  Employer accepted liability via NCP.  On 12/5/08, Claimant signed 3d party settlement agreement with Insurer for lump sum of $100K.  That... Read on »

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