Case Law

Case Law Update | Watt v. WCAB (Pa. Cmwlth. July 24, 2015) | PA Work Injury

October 5, 2015

Claimant (repped by Matthew Kaminski of HBG) loses because jurisdiction/principal location of work is in Alabama, not PA.  There are pie charts of miles/hours in different states!  Dennis Lee Platt of Sweeney Sheehan gets the win. The opinion is unanimous by Judge Simpson.  ... Read on »

Case Law Update | Protz v. WCAB (Pa. Cmwlth. April 15, 2015) | PA Work Injury

October 5, 2015

77 PS 511.2/306(a.2) (claimant is partially disabled if has total impairment rating of less than 50%) found to be unconstitutional delegation of legislative authority to AMA because General Assembly has not engaged in any review of Guidelines subsequent to the 4th Edition, which was from 1996. ... Read on »

Case Law Update | Sloane v. CHOP (Pa. Cmwlth. October 1, 2015) | PA Work Injury

October 5, 2015

Sloane v. CHOP (elbow in 2004; elbow & knee in 2006) published today.  Cross appeals.  WCJ McManus granted reinstatement, finding total disability as of November 2007 based on both 2004 and 2006 injuries.    WCAB reversed grant of total disability based on 2006 injury, and barred $ for the... Read on »

Case Law Update | Lozado v. WCAB (Pa. Cmwlth. August 5, 2015) | PA Work Injury

August 26, 2015

Employer loses immunity from suit in tort when it does not comply with Act by, e.g., failing to maintain WC insurance.  Also informative on creation of UEGF in 2006.  Facts here not likely to recur because injury and litigation occurred in UEGF infancy and Claimant had to file in tort or be... Read on »

Case Law Update | Logue v. WCAB (Pa. Cmwlth. August 11, 2015) | PA Work Injury

August 11, 2015

Wrist injury (worked for Dep’t of Transp.) in 2002 and TTD since then.  In Nov. 2012, Employer sought IRE and asked Bureau to designate.  Bureau designated Youtong Zhang. Claimant refused to go and objected on basis that Employer must try to reach agreement with claimant on IRE doctor before... Read on »

Case Law Update | Staron v. WCAB (Pa. Cmwlth. July 15, 2015) | PA Work Injury

August 5, 2015

Per S.J. Friedman: painter found to be an employee, not independent contractor.  He had not signed independent/subcontractor agreement when injured (fell off roof), although appears to have signed afterwards.  Construction Workplace Misclassification Act (CWMA) clearly requires contract be signed... Read on »

Case law Update | Friedman v. WCAB (Pa. Cmwlth. July 30, 2015) | PA Work Injury

July 30, 2015

Today, SCOPA denied review of CC’s December 2014 published opinion by Friedman (with Cohn Jub & Brobson) in Zwick, 106 A.3d 251.    Claimant, an undocumented worker from Guatemala who got construction work on a residence for Employer in Fairmount.  An accident with a saw led Claimant to... Read on »

Case law Update | Pipeline Systems v. WCAB (Pa. Cmwlth. July 7, 2015) | PA Work Injury

July 8, 2015

Job entailed installation of pipelines and manholes for sanitation purposes.  There was a concrete pit with a ladder.  On 7/29/10, Claimant was working about 30 feet away when he heard someone call out “Man down... Jack fell!”  Claimant went over, down the ladder into the pit, and realized... Read on »

Case Law Update | Roundtree v. WCAB (Pa. Cmwlth. May 8, 2015) | PA Work Injury

July 7, 2015

Claimant, a forensic technician with the City, filed an (evidentially counseled) claim petition in October 2010 alleging “major depressive disorder, recurrent, severe, without psychotic features” as result of long term harassment, a hostile work environment, and race, gender, and age... Read on »

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 »

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