Workers’ Compensation

PBI’s Week In Review

New Matter in protracted custody litigation not the type of pleading subject to Dragonetti, P.J.A. v. H.C.N., February 13, 2017

Franchisor is not Statutory Employer of Franchisee’s Employees under Workers’ Compensation Act

A restaurant franchisor was not liable as a “statutory employer” under the Workers’ Compensation Act for injuries sustained by an employee of its franchisee, the Pennsylvania Commonwealth Court ruled in Saladworks, LLC v. WCAB (Gaudioso and UEGF).

By | October 28th, 2015|Categories: Workers' Compensation|Tags: , , , , , , |Comments Off on Franchisor is not Statutory Employer of Franchisee’s Employees under Workers’ Compensation Act

Workers’ Compensation Act’s Adoption of AMA Guides Ruled Unconstitutional

A section of the Workers’ Compensation Act requiring impairment ratings to be determined under current American Medical Association (AMA) guidelines is an unconstitutional delegation of legislative authority, a divided en banc Pennsylvania Commonwealth Court panel held in Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.).

By | October 12th, 2015|Categories: Workers' Compensation|Tags: , , , , , , , , , , |Comments Off on Workers’ Compensation Act’s Adoption of AMA Guides Ruled Unconstitutional

Employee Injured While Aiding Person in Distress at Job Site Entitled to Workers’ Compensation Benefits

An employee who was injured while attempting to rescue a person in distress at his employer’s job site was acting within the course and scope of his employment and, therefore, entitled to workers’ compensation, the Commonwealth Court held in Pipeline Systems, Inc. v. WCAB (Pounds)

By | July 30th, 2015|Categories: Workers' Compensation|Tags: , , , , , , , |Comments Off on Employee Injured While Aiding Person in Distress at Job Site Entitled to Workers’ Compensation Benefits

Impairment Rating Evaluation not Invalidated by Subsequent Finding of Additional Work-Related Injuries

Does an impairment rating evaluation (IRE), which addresses injuries identified as compensable when the IRE was performed, become invalid if it is subsequently determined, during a claimant’s challenge to the IRE filed within the 60-day appeal period, that the claimant sustained additional work-related injuries?

By | July 28th, 2015|Categories: Workers' Compensation|Tags: , , , , , |Comments Off on Impairment Rating Evaluation not Invalidated by Subsequent Finding of Additional Work-Related Injuries

Employer’s Obligation to Issue Notice of Ability to Return to Work Arises Only after Claimant is Entitled to Workers’ Compensation Benefits

Where an injured employee had not yet received workers’ compensation benefits at the time alternative employment was offered to her, her employer had no duty to issue a notice of ability to return to work under Section 306(b) of the Workers’ Compensation Act, the Pennsylvania Supreme Court held in Sch. Dist. of Phila. v. WCAB (Hilton)

By | June 15th, 2015|Categories: Workers' Compensation|Tags: , , , , , |Comments Off on Employer’s Obligation to Issue Notice of Ability to Return to Work Arises Only after Claimant is Entitled to Workers’ Compensation Benefits

Workers’ Compensation Carrier Cannot Bring Subrogation Claim Directly Against Third-Party Tortfeasor

A workers’ compensation carrier may not pursue a subrogation claim directly against a third-party tortfeasor when the compensated employee has taken no action against the tortfeasor, the Supreme Court held in Liberty Mutual Ins. Co. v. Domtar Paper Co.

WCJ’s Apportionment of Fees between Successive Attorneys Upheld as Fair and Reasonable

A WCJ did not err in resolving a dispute between two attorneys over a fee related to a compromise and release (C&R) agreement, the Commonwealth Court ruled in Bierman v. Workers’ Compensation Appeal Board (Philadelphia National Bank).

By | May 5th, 2015|Categories: Workers' Compensation|Tags: , , , |Comments Off on WCJ’s Apportionment of Fees between Successive Attorneys Upheld as Fair and Reasonable

Employee Entitled to Disability Benefits for Asthma Caused by Exposure to Chemicals in the Workplace

An employee who could not return to her pre-injury job due to residual pulmonary conditions caused by workplace exposure to chemicals was entitled to ongoing disability benefits, the Commonwealth Court ruled in Little v. Workers’ Compensation Appeal Board (Select Specialty Hospital)

By | April 28th, 2015|Categories: Workers' Compensation|Tags: , , , |Comments Off on Employee Entitled to Disability Benefits for Asthma Caused by Exposure to Chemicals in the Workplace