Case Law

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 »

Case Law Update I Little v. WCAB (Pa. Cmwlth. 1401 C.D. 2014, filed March 25, 2015) I PA Work Injury

March 26, 2015

Written by our expert brief writer, Attorney Susan Nanes.    Claimant, a licensed registered nurse, was exposed to Di-Isocyanate, a chemical component of  floor wax used by Employer, where she had worked for four years.  She had no history of respiratory problems, but in 2010, she suffered three... Read on »

Anderson v. WCAB (Pa. Cmwlth. 181 C.D. 2014, filed March 10, 2015)

March 10, 2015

Written by our expert brief writer, Attorney Susan Nanes.    Claimant was a newly hired (two weeks) truck driver for Employer in December 2007; he was told he would earn $1100-1200 per week based on a percentage of Employer’s charges for “loads” he drove for them (Employer testified that... Read on »

Case Law Update I Smith v. WCAB (Pa. Cmwlth. No. 606 C.D. 2014, filed March 9, 2015) I PA Workers' Comp

March 9, 2015

Smith v. WCAB (Consol. Freightways, Inc.) (Pa. Cmwlth. No. 606 C.D. 2014, filed March 9, 2015) (per curiam).   Claimant was a truck driver for Employer in 1996 when he was briefly exposed to a chemical on 2/28/96; he filed his first WC petition relating to this incident in 5/96.  After discovery... Read on »

Case Law Update I Neff v WCAB I Work Injury

January 26, 2015

The latest case law updates were written by our resident expert, associate Pennsylvania workers' compensation lawyer, Melissa Chandy.   Neff v WCAB (Pennsylvania Game Commission), __ A.3d __ (Pa. Cmwlth., No. 130 C.D. 2014, filed January 8, 2015).    The claimant argued that an IRE was premature... Read on »

Case Law Update | 1912 Hoover House Restaurant v WCAB | Work Injury

December 19, 2014

The latest case law updates were written by our resident expert, associate Pennsylvania workers' compensation lawyer, Melissa Chandy.   1912 Hoover House Restaurant v WCAB (Soverns), __ A.3d __ (Pa. Cmwlth No. 309 C.D. 2014, filed November 10, 2014).    The claimant suffered facial lacerations... Read on »

Case Law Update I Commonwealth v. WCAB (Slessler) I PA Work Injury

November 4, 2014

The employer filed a Mod IRE Petition. To rebut the IRE, the claimant offered deposition testimony of a psychologist, who testified to his review of the IRE and regarding his own IRE of the claimant. The claimant’s medical expert was not licensed to practice medicine in Pennsylvania nor was he... Read on »

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