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Philadelphia Workers' Compensation

If you get hurt on the job, you’re entitled to compensation for your injuries. Our attorneys will help you file your claim successfully.

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Case Law

Case Law Update

August 4, 2014

Ace Wire Spring and Form Co. v WCAB (Walshesky), __ A.3d __ (Pa. Cmwlth. No. 1916 C.D. 2013, filed June 10, 2014).   The claimant arrived at work 60-90 minutes before the start of his shift. He then went into the employer’s building to pick up his work uniforms and took them back to his car. On... Read on »

Case Law Update

August 4, 2014

PPL v WCAB (Kloss), __ A.3d __ (Pa. Cmwlth. No. 1634 C.D. 2013, filed June 11, 2014).   In Kloss, the employer maintained a subsidized parking program for its employees, through which it leased parking spaces in a commercial parking garage, owned and rented by a third party. The employer gave... Read on »

Case Law Update

August 4, 2014

B. Cooney (deceased) v. WCAB (Patterson UTI, Inc.), __ A.3d __ (Pa. Cmwlth. No. 1681 C.D. 2013, filed June 12, 2014).   The claimant filed a fatal claim petition seeking death benefits as a widow. The claimant celebrated a common-law marriage in 2003 in Wyoming, a state that does not recognize... Read on »

Case Law Update

August 4, 2014

Evans v. WCAB (Highway Equipment and Supply Co.), __ A.3d __ (Pa. Cmwlth. No. 2252 C.D. 2013, filed June 30, 2014).   A claimant’s claim petition was granted in January 2009. A subrogation lien for medical expenses totaling $29,995.59 was asserted, prior to the decision granting the claim. The... Read on »

Case Law Update

August 4, 2014

Marek v. WCAB (Logistics Express, Inc.), __ A.3d __ (Pa. Cmwlth., No. 2128 C.D. 2013, filed July 16, 2014).   The claimant filed a penalty petition alleging that the employer had violated the Act through its failure to serve the claimant with a copy of a utilization review determination.   The... Read on »

Case Law Update

August 4, 2014

J. Cucchi v WCAB (Robert Cucchi Painting, Inc.), __ A.3d __ (Pa. Cmwlth, No. 108 C.D. 2014, filed July 17, 2014).   The claimant had settled the indemnity portion of his workers’ compensation claim via compromise and release agreement. The employer then requested a utilization review of medical... Read on »

Case Law Update

August 4, 2014

Simmons v WCAB (Powertrack International), __ A.3d __ (Pa. Cmwlth., No. 2168 C.D. 2013, filed July 24, 2014). Through his appeal, the claimant argued that the employer failed to demonstrate that his condition had changed since a prior termination proceeding. Specifically, the claimant argued that... Read on »

Case Law Update

June 10, 2014

Voluntary Removal From the Workforce: Keene v WCAB (Ogden Corp.), __ A.3d __, (Pa. Cmwlth., No. 1421 C.D. 2010, filed June 4, 2014)   The employer bears the burden of presenting evidence to establish that a claimant has retired, which includes the following: claimant’s receipt of a pension, the... Read on »

Case Law Update

May 30, 2014

Positive Work Order/Course and Scope: Wetzel v WCAB (Parkway Service Station), __ A.3d __ (Pa. Cmwlth., No. 1693 C.D. 2013, filed May 27, 2014). A convenience store manager suffered a traumatic brain injury, after attempting to stop an armed robber from leaving his employer’s premises. He later... Read on »

Case Law Update

May 30, 2014

Furnari v WCAB (Temple Inland), __ A.3d __ (Pa. Cmwlth., No. 1171 C.D. 2013, filed April 10, 2014) The claimant’s injury was accepted via a medical-only NCP and the employer agreed to continue paying claimant’s full salary. The claimant worked for a period of time, with restrictions, before... Read on »

Case Law Update

May 30, 2014

Pennsylvania Uninsured Employers Guaranty Fund v. WCAB (Dudkiewicz), __ A.3d __ (Pa. Cmwlth., No. 1540 C.D. 2013, filed April 7, 2014). A claim petition was filed against an uninsured employer and the Fund. The employment relationship issue was bifurcated at the first hearing. At a February 9, 2010... Read on »

Case Law Update

May 30, 2014

City of Pittsburgh v. WCAB(Wright), __ A.3d __ (Pa. Cmwlth., No. 329 C.D. 2013, filed May 1, 2014).  In Wright, the claimant began receiving both pension benefits and workers’ compensation benefits in late June 2005. On August 5, 2005, the Employer issued a Notice of Workers’ Compensation... Read on »

Case Update

May 30, 2014

Arvilla Oilfield Services v. WCAB (Carlson), __ A.3d __ (Pa. Cmwlth., No. 1578 C.D. 2013, filed May 20, 2014) The Employer filed an appeal after its IRE Modification Petition was denied on the basis that the claimant had not yet reached maximum medical improvement (MMI). In reviewing the evidentiary... Read on »

Case Law Update

May 30, 2014

Greenawalt v. WCAB (Bristol Environmental Inc.), __ A.3d. __ (Pa. Cmwlth., No. 1894 C.D. 2013, filed May 12, 2014). The claimant appealed the denial of his claim petition on the basis that Pennsylvania lacked jurisdiction over his work injury. The claimant was a union laborer and worked for the... Read on »

IRE: “Active Clinical Practice”

March 20, 2014

Verizon Pennsylvania Inc. v. WCAB (Ketterer), __ A.3d __ (Pa. Cmwlth., No. 1188 C.D. 2013, filed March 12, 2014)   In this case, the Commonwealth Court affirmed the denial of a Modification Petition, based on an IRE, because of the failure of the IRE physician to maintain an active clinical... Read on »

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