Case Law

Case Law Update | Davis v. WCAB (Pa. Cmwlth. December 30, 2015) | PA Work Injury

December 31, 2015

Caputo of Pittsburgh for Claimant Karen Davis v. Anthony Ziccardi for Employer/Insurer: http://www.pacourts.us/assets/opinions/Commonwealth/out/216CD15_12-30-15.pdf?cb=1 Question presented is whether Employer’s WC Insurer is entitled to subrogation against Claimant’s recovery of uninsured... Read on »

Case Law Update | Swigart v. WCAB (Pa. Cmwlth. December 28, 2015) | PA Work Injury

December 29, 2015

Claimant was a firefighter for 20+ years and developed chronic obstructive pulmonary disease (COPD).  Claim petition filed in October 2011 alleging COPD caused by & forced him out of work.  WCJ and WCAB found that while Claimant has asthmatic bronchitis, that condition does not disable him... Read on »

Case Law Update | Gieniec v. WCAB (Pa. Cmwlth. December 22, 2015) | PA Work Injury

December 23, 2015

Claimant filed her initial claim petition as to the 2007 Injury in December 2010. She also filed two claim petitions (deemed review petitions) in December 2010 and early January 2011 as to her aggravations of the 2007 Injury. WCJ Kutz decided her initial claim and review petitions (Initial Claim) on... Read on »

Case Law Update | Protz v. WCAB (Pa. Cmwlth. December 10, 2015) | PA Work Injury

December 10, 2015

Filed today: http://www.pacourts.us/assets/opinions/Commonwealth/out/402CD15_1-6-16.pdf?cb=1 This has to do with subrogation regarding a 3d party med mal award Protz received regarding negligent treatment for her work injury.  Per CC, Employer/Insurer are entitled to subro reduction of med... Read on »

Case Law Update | Dietz v. WCAB (Pa. Cmwlth. December 4, 2015) | PA Work Injury

December 4, 2015

Judith Dietz (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) denying her petition for fatal claim benefits for the death of her husband, Robert Dietz (Decedent), which occurred while he was on the job. The Workers' Compensation Judge (WCJ) had... Read on »

Case Law Update | Winchilla v. WCAB (Pa. Cmwlth. December 1, 2015) | PA Work Injury

December 1, 2015

Winchilla v. Workers' Comp. Appeal Bd. (Nexstar Broad.), 2015 Pa. Commw. Unpub. LEXIS 700 (Pa. Commw. Ct. 2015)Claimant (repped by Kevin Walsh of Kingston) lost here because he did not specifically allege in PFR that 306(a.2) is an unconstitutional delegation, but only raised a vague constitutional... Read on »

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

November 24, 2015

In 1997, Claimant sustained a work-related lower back injury that required surgery. In 2002, he entered into a Compromise and Release Agreement with Employer I that settled his claim for indemnity benefits for a work-related disc herniation at L3-4 and L4-5 and chronic lower back pain. This... Read on »

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

November 23, 2015

Claimant was employed by Evangelical Community Hospital (Employer) as an Emergency Medical Technician. On May 20, 2007, Claimant injured her left shoulder while lifting a patient. Employer issued a Notice of Compensation Payable (NCP) describing the work injury as a left shoulder “strain” and... Read on »

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

November 15, 2015

CC: Affirm WCJ/WCAB determination that injury resulting from undergoing a functional capacity evaluation not work related “enough” to be within course/scope. Claimant was out of work on disability for non-work injury.  Claimant wanted to return to work.  Employer required her doctor to do a... Read on »

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 »

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