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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

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 »

Case Law Summary

January 22, 2014

Womack v. WCAB (The School District of Phila), __ A.3d __ (Pa. Cmwlth., No. 1137 C.D. 2013, filed January 14, 2013)   In Womack, the WCJ denied the claimant’s UR Petition, finding the treatment under review neither reasonable nor necessary. The WCAB affirmed. Through her appeal, the claimant... Read on »

Case Summaries

January 22, 2014

Utilization Review:   Leventakos v WCAB (Spyros Painting), __ A.3d __ (Pa. Cmwlth., No. 2156 C.D. 2012, filed December 5, 2013).   A WCJ lacks jurisdiction to hear a UR Petition, where the physician under review fails to provide the required medical records to determine whether the treatment under... Read on »

Case Law Update

December 23, 2013

Payes v WCAB (Commonwealth PA State Police), __ A.3d __ (Pa. Supreme No. 50 MAP 2011), decided October 30, 2013   In Payes, the WCJ granted a state trooper workers’ compensation benefits in a mental/mental case, involving a single work-related event in which the trooper struck and killed a... Read on »

Case Law Update

December 20, 2013

McCafferty v WCAB (Trial Technologies, Inc.) __ A.3d __ (Pa. Cmwlth No. 208 C.D. 2013, filed November 21, 2013)   The claimant received an “Employee Verification of Employment, Self-Employment or Change in Physical Condition” form (“LIBC-760 Form), during litigation on a claim petition. The... Read on »

Case Law Summary

November 6, 2013

A&J Builders, Inc. v. WCAB(Verdi), __ A.3d __ (Pa. Cmwlth, No. 479 C.D. 2013, filed October 16, 2013.   The Verdi case involved several employers and the allegation of a work-related cumulative trauma injury. On appeal, A&J challenged the Appeal Board’s decision to affirm the granting of... Read on »

Case Law Update

August 29, 2012

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 claimant’s undocumented status. In Cruz, the WCJ had drawn andan... Read on »

Case Law Update

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 which were outstanding. After... Read on »

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