Case Law

Case Law Update | Whitmoyer v. WCAB (Pa. Cmwlth. December 1, 2016) | PA Work Injury

December 1, 2016

http://www.pacourts.us/assets/opinions/Commonwealth/out/614CD15_12-1-16.pdf?cb=1 In this factually complex workers’ compensation appeal involving an employer’s subrogation rights, we are asked whether those rights extend beyond indemnity payments and also reach payments toward medical bills.... Read on »

Case Law Update | County of Allegheny v. WCAB (Pa. Cmwlth. November 14, 2016) | PA Work Injury

November 14, 2016

Injury in 1993.  Employer sought suspension in 2007.  Suspension was initially denied and unreasonable contest attorneys’ fees of about $15K awarded, but through extensive litigation, by 2012, suspension found warranted.  Claimant was actually in his 80s by then, but was found to have failed to... Read on »

Case Law Update | Demchenko v. WCAB (Pa. Cmwlth. November 11, 2016) | PA Work Injury

November 11, 2016

Firefighter/paramedic worked for City of Phila from 1974-2006.  A month after retiring, he was diagnosed with prostate cancer.  Michael Dryden represented against Kris Kachline of Chartwell.  Dr. Barry Singer, an oncologist, testified against Dr. Guidotti, a toxicologist/epidemiologist. ... Read on »

Case Law Update | PA State Police v. WCAB (Pa. Cmwlth. November 11, 2016) | PA Work Injury

November 11, 2016

This is a case involving Heart/Lung and a 3d party settlement.  Stipulation settling for ~$1M was signed/executed six days after Stermel case (city employer not entitled to recover H/L benefits from 3d party tort settlement) was decided on November 13, 2014.  But WCJ did not issue decision... Read on »

Case Law Update | Jackson v. WCAB (Pa. Cmwlth. October 19, 2016) | PA Work Injury

October 19, 2016

In Jackson v. Workers Compensation Appeal WCAB (Radnor School District and ACTS Retirement Community), the court affirmed WCAB’s order, reversing WCJ and holding the petition of Radnor School District to join ACTS Retirement Life Community as an additional defendant untimely filed. Link: Jackson... Read on »

Case Law Update | Fargo v. WCAB (Pa. Cmwlth. October 11, 2016) | PA Work Injury

October 11, 2016

In Fargo v. Workers Compensation Appeal WCAB (City of Philadelphia), the court agreed with WCAB in affirming the WCJ’s denial of Claimant’s claim petition on the basis that the claim was not brought within 600 weeks of Claimant’s last exposure to workplace hazards while working as a... Read on »

Case Law Update | Bauman v. WCAB (Pa. Cmwlth. September 17, 2016) | PA Work Injury

September 17, 2016

Below please find a Case Law Update summarizing the Commonwealth Court of Pennsylvania’s September 17th decision in David Bauman v. Workers’ Compensation Appeal WCAB (Kellogg Company). Here, the court affirmed the WCJ decision (previously affirmed by WCAB) granting both the employer’s Petition... Read on »

Case Law Update | Northtec v. WCAB (Pa. Cmwlth. September 16, 2016) | PA Work Injury

September 16, 2016

By way of background, on 11/25/2013, claimant filed a petition for a 5/16/2012 work injury. Claimant’s counsel withdrew the petition and WCJ subsequently marked it as withdrawn without prejudice. Then, on 8/19/2014, claimant again filed the petition. Claimant’s counsel once again requested the... Read on »

Case Law Update | Hutz v. WCAB (Pa. Cmwlth. September 7, 2016) | PA Work Injury

September 7, 2016

Below please find a Case Law Update including Hutz v. Workers Compensation Appeal WCAB (City of Philadelphia), a September 7th decision from the Commonwealth Court of Pennsylvania. Similar to Sladek (from last week’s update), this decision involves cancer contracted by a firefighter. Here, the... Read on »

Case Law Update | Savoy v. WCAB (Pa. Cmwlth. August 25, 2016) | PA Work Injury

August 12, 2016

Savoy v. Workers Compensation Appeal WCAB (Global Associates). Here, the legal question was whether claimant (an electrician assigned to work on U.S. Navy vessels at the Philadelphia Navy Yard) was entitled to benefits under both the Workers’ Compensation Act and the Longshore Act when injured... Read on »

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