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.).
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)
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)
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.