Case Law Update | Church v. WCAB (Pa. Cmwlth. March 18, 2016) | PA Work Injury

March 21, 2016

Nothing in the Act or the Bureau Regulations can be interpreted to have required Employer to file a NSTC or NCD at the time it properly amended the 1st NTCP and contrary to Claimant’s assertion, we find that there is no conflict between Section 406.1 of the Act, and Bureau Regulation Section 121.71a. Claimant cites this Court’s decision in Gereyes v. Workers’ Compensation Appeal Board (New Knight, Inc.), 793 A.2d 1017 (Pa. Cmwlth. 2002), to support its contention that a reduction in the amount paid an employee pursuant to a NTCP constitutes a violation of the Act. Gereyes, however, is not applicable here as it did not involve the amendment or correction of a NTCP, but rather was a case in which the employer unilaterally reduced the amount of compensation being paid the employee after his return to work with a partial wage loss. 793 A.2d at 1021.

 

Other aspects deal with unreasonable contest, credibility determinations, and reasoned decision.  

 

http://www.pacourts.us/assets/opinions/Commonwealth/out/1068CD15_3-18-16.pdf?cb=1

Select an attorney

Pennsylvania 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.
Learn More

Social Security Disability

If you have a medical condition and can not work, you may be eligible for Social Security disability benefits. Contact us today for a FREE consultation.
Learn More

My Case Status for Existing Clients

All current clients have access to My Case Status. This website allows them access to check the status and progression of their case, update their information, securely send and receive medical and case-related documents, contact their legal team, and watch helpful videos.

Click here to access My Case Status.

Learn More