Posts Tagged: claimant

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Pa. Supreme Court Addresses “Bad Faith” Standard in Workers’ Compensation Case

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

On December 27, 2006, the Pennsylvania Supreme Court issued a decision holding that a claimant’s prior “bad faith” in failing to accept a job position offered by his employer relieved the employer of the duty to establish subsequent job availability. In the case of Pitt Ohio Express v. WCAB (Wolff), No. 54 WAP 2005, the… Read more »

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Court Rules That Injured Workers Prior Psychiatric Records Are Discoverable

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

The Pennsylvania Commonwealth Court has recently ruled that psychological/ psychiatric health records fall within meaning of “physical examination” under the Pa. Workers\’ Compensation Act and should be provided for review by the employer’s medical expert. Thus, a Workers’ Compensation Judge (WCJ) may order a claimant to produce prior psychiatric medical records to enable an employer\’s… Read more »