Posts By: Tom Cummings

Mary had worked for the Happy Recovery Hospital for a number of years. Mary’s work schedule was what is referred to as a “long week/short week”. One week she would work 32 hours and the following week she would work 48 hours. As she was paid every two weeks, her employer did not pay her overtime… Read more »

    Under Pennsylvania law, employees who suffer from an occupational disease may be entitled to recover benefits as a result of dosability resulting from such diseases.  section 108 of the Occupational Disease Act specifically enumerates the types of diseases for which recovery may be sought and includes an “omnibus” provision for occupational diseases not specifically… Read more »

The Pennsylvania Commonwealth Court has ruled that a detoxification program was “reasonable medical treatment” and upheld an Order granting a suspension of wage loss benefits. Under the Pennsylvania Workers’ Compensation Act, if an injured employee (the “claimant”) refuses reasonable treatment, the employee shall forfeit all rights to compensation for any increase in incapacity resulting from… Read more »

The Pennsylvania Workers’ Compensation Act requires that a Notice of Ability to Return to Work form must be issued to an injured worker (the “claimant”) in a “prompt” fashion in order for an employer to pursue a modification or suspension of the claimant’s wage loss benefits based on an earning power assessment. However, the Act… Read more »

The Pennsylvania Commonwealth Court has recently ruled that a medical provider\’s failure to provide a password to access medical records contained on a CD-ROM amounts to non-compliance with a medical records request and supports a finding that the treatment that was the subject of a Utilization Review (UR) was not reasonable or necessary. In Shaw… Read more »

Typically, an injured workers status as an undocumented alien worker will not preclude him from receiving disability benefits under the Pennsylvania Workers’ Compensation Act. However, in situations where it is established that the injured worker/undocumented alien is capable of performing some work- even at the most sedentary level capacity- the employer is entitled to a… Read more »

Pennsylvania Courts have addressed the issue of what constitutes an “abnormal working condition” for the purposes of establishing a work related mental injury. In McLaurin v. W.C.A.B. (SEPTA), the claimant, McLaurin,  was a SEPTA bus driver with a set route in West Philadelphia. One day, several hooded young men entered his bus without paying their fares. At… Read more »