Posts Tagged: workers compensation act

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Employer’s Subrogation Rights in a Heart and Lung Act Case

Posted by & filed under DLP Law.

The Pennsylvania Commonwealth Court has ruled that the employer who pays an injured employee wage loss benefits under the Heart and Lung Act is entitled to subrogate against the injured employee’s recovery against a negligent third party. In Oliver vs. City of Pittsburgh, the Court ruled that Heart and Lung Act benefits must be given… Read more »

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Pennsylvania Workers’ Injuries in the Gas Drillling Industry

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

In Pennsylvania, the Department of Labor and Industry monitors and administers the codes and regulations which affect the safety of our workforce. The Bureau of Workers\’ Compensation (“the BWC”) administers laws which assure that workers are insured against job-related injury, illness, or death. The Health and Safety Division of the BWC is responsible for enforcement… Read more »

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Workers Comp Claim For Auto Accident

Posted by & filed under DLP Law.

Paul had sustained a work-related back injury and, with the help of some excellent therapy, was scheduled to return to work in just three days. Paul was on his way to his last physical therapy session when he was stopped at a stoplight on Main Street in Honesdale. Paul was suddenly rear ended by a… Read more »

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“Prompt” Notice Of Ability to Return to Work

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

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 »

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King of the Road

Posted by & filed under DLP Law.

Bill had been a dependable driver for Coast-to-Coast Trucking Company for over twenty years. By the very nature of his job, Bill spent much of his time in a seated position in his truck. In the last three or four years, Bill noticed a tingling in his legs, which progressively got worse. As it turned… Read more »

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Home Modification Repairs Held Compensable Under the Pa. WC Acto

Posted by & filed under DLP Law.

The Pennsylvania Commonwealth Court has ruled that the employer/insurance carrier is responsible to pay for repair of modifications to a bathroom required to accomodate an injured worker who was rendered a paraplegic by a work-related injury. The Court chracterized the bathroom as an “orthopedic appliance” such as a wheelchair, which Employer is obligated to provide… Read more »

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Suing Your Employer For Spoliation of Evidence

Posted by & filed under DLP Law.

James suffered catastrophic injuries, including quadriplegia, when the truck he was driving as an employee for Peter Pan Transport, Inc. went off the road on Interstate 81 south of Scranton. James\’ attorney brought suit against various manufacturers of component parts of the truck. Unfortunately for James, Peter Pan Transport, Inc. had destroyed and failed to… Read more »

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Over-the-Road Trucker

Posted by & filed under DLP Law.

Louie had been working for the Pig & Pork Trucking Company for ten years as an over-the-road truck driver. Pig & Pork Trucking Company had their home office in Indiana. When Louie was hired, he went out to Indiana to fill out his employment application. On August 17th, Louie was driving back from the west… Read more »