In Pennsylvania, courts have determined that a work injury may be sustained in the “course of employment” under the Pa. Workers’ Compensation Act where the employee is injured on or off the employer’s premises while actually engaged in furtherance of the employer’s business or affairs. The key issue in assessing a work injury case is whether the… Read more »
The Pa. Supreme Court in Heller v. Pennsylvania League of Cities and Municipalities has determined that the provision of a borough’s municipal insurance policy excluding underinsured motorist (UIM) coverage for a claim by an individual eligible for workers’ compensation benefits was void as against public policy. The Court reasoned that the exclusion rendered UIM coverage… Read more »
Q. Are psychological/psychiatric injuries compensable under the Pennsylvania Workers Compensation Act? A. Yes. There are three types of psychological injuries that are compensable under the Act: (1) Mental/Physical injuries, i.e. where a psychological stimulus causes physical injury; (2) Physical/Mental, i.e. where a physical stimulus causes a psychic injury; and (3) Mental/Mental, i.e. where a psychological stimulus… Read more »
Under Pennsylvania workers compensation laws, in order to qualify for workers’ compensation benefits, an injured worker bears the burden of demonstrating that any injuries he has sustained occurred in the course and scope of his employment. Employees who sustain injuries away from an employer’s premises while travelling to and from work are generally not eligible… Read more »
Si usted sufrió la pérdida de un ojo o de visión como resultado de una lesión en el trabajo, la Acta de Compensación de Trabajadores permite una recuperación financiera por tal lesión. La “Perdida” de la visión es determinada por una evaluación de la vista del trabajador lesionado sin el uso de lentes correctivos. Cuando… Read more »
Question: I have been employed in the construction field for more than 25 years and until a few weeks ago, I never had any injuries or accidents at work. Earlier this month, a scaffolding plank flipped and struck me in the face. Fortunately, I wasn’t hurt too bad but I did loose four front teeth and I… Read more »
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 »
DLP has been serving Scranton, Wilkes-Barre and Honesdale for over 30 years. 8 years ago, I spearheaded the firm’s efforts in Hazleton. Now, we have a fully staffed office on the corner of Broad Street and Laurel Street. This Hazleton office is very convenient for our clients in lower Luzerne County to meet with the 13 trial… 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 »
