Lindsey was glad to graduate from high school and had decided not to go to college. Her job search, though, was not quite what she expected as she found there were very few job opportunities around. After finding little success in her job search, Lindsey decided to try the local supermarket where she was hired… Read more »
The Pennsylvania Commonwealth Court has ruled that an employer is not entitled to recoupment of an overpayment of workers’ compensation benefits under Section 413(a) of the Workers’ Compensation Act absent the existence of an incorrect “agreement” to modify. The decision in Dollar Tree Stores, Inc. v. WCAB affirms the ruling of the Workers’ Compensation Appeal… Read more »
In Lewis v. W.C.A.B. (Giles & Ransome, Inc.), 919 A.2d 922 (2007), the Pennsylvania Supreme Court issued an opinion detailing the high burden of proof employers face in attempting to terminate an injured employee’s workers’ compensation benefits. In general, a workers’ compensation judge may modify or terminate a claimant’s benefits when it has been demonstrated that the… Read more »
In a recent decision, the Pennsylvania Workers’ Compensation Appeal Board (WCAB), has held that an employer has failed to meet it’s burden of proof in a pension offset case. In Albani v. The WCAB rejected the testimony of UMWA Health and Retirement Fund’s enrolled actuary. In Albani v. Consolidation Coal Company, the WCAB held that… Read more »
The laws in Pennsylvania set forth specific requirements as to which types of employers must secure workers’ compensation insurance coverage. The law indicates that mandatory coverage is required for any employer who: -employ at least one employee who could be injured or develop a work-related disease in Pennsylvania, or -employ an employee who could be… Read more »
In Pennsylvania, employees who are injured on the job are entitled to workers’ compensation benefits from their employer and/or their employer’s insurance carrier. Workers’ compensation benefits provide an injured employee with compensation for (1) lost wages during the time the employee misses time from work due to his work injury, and (2) payment of all work-related… Read more »
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 »
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 »
