The Pennsylvania Commonwealth Court has recently determined that the doctrine of res judicata precludes the filing of a second review petition to expand the description of the work related injury when the parties previously entered into a stipulation that expanded the description of injury. In Weney v. WCAB (Mac Sprinkler Systems, Inc.), the claimant was… Read more »
The Pennsylvania Commonwealth Court has ruled that a claimant was entitled to benefits, despite fact that he was injured while violating a positive work order prohibiting horseplay. In Sysco Food Services of Philadelphia v. W.C.A.B. (Sebastiano), the facts indicated that the claimant was employed as an order selector. On the date of injury he was… 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 »
On October 11, 2007, the Pennsylvania Commonwealth Court ruled that attorney fees must be granted in a case where an employer unreasonably contested workers’ compensation bills on the basis of a “false statement of law”. In Delarosa v. WCAB (Masonic Homes), the defendant employer refused to pay bills for the claimant’s psychotherapy treatment contending that… Read more »
The Pennsylvania Commonwealth Court recently ruled in Boleratz v. W.C.A.B. (Airgas, Inc.) that treatment in the nature of massage therapy was not subject to payment by the employer under the Pa. Workers’ Compensation Act. In Boleratz, the treatment in question had been prescribed by Claimant’s treating physician. The parties also agreed that the treatment was… Read more »
On February 12, 2007, the Pennsylvania Commonwealth Court issued a decision in a case involving utilization review (UR) of an injured workers medical treatment. In Bucks County v. WCAB (Nemes), 918 A. 2d 150, the employer had filed a UR request seeking a review of the reasonableness and necessity of all medical treatment provided to… 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 »
On September 14, 2006, the Pennsylvania Commonwealth Court in the case of Agnello vs. WCAB ruled that an injured worker suffered “permanent disfigurement” when dentures were required to replace three teeth she lost in a work-related injury, holding that the dentures MASKED, rather than resolved, the harm to her appearance. In reaching this decision, the… Read more »
