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2012 Pennsylvania Workers’ Comp Average Weekly Wage

According to the Workers’ Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum… Read more

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Utilization Review (UR) Process

In the case Securitas Security Services USA, Inc. v. Workers’ Compensation Appeal Board (Schuch), the claimant’s treating doctor for depressive disorder went under Utilization Review. The findings were that the treatment was reasonable and necessary, with no appeal from the employer. The claimant tried to use the findings of the UR decision as the reason… Read more

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Intentional Physical Stunt not within Course and Scope of Employment

In the case of Penn. State University v. Workers’s Compensation Appeal Board (Smith), the Commonwealth Court reversed the Appeal Board’s affirmation of a claim petition. There was overwhelming evidence showing that the claimant did sustain injuries, but he also intentionally jumped down a flight of stairs. The Commonwealth Court decided that intentional physical stunts are… Read more

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Medicare Part B Premiums lower than projected for 2012

The U.S. Department of Health and Human Services announced that Medicare Part B Premiums will be lower than projected. The Part B premiums will have a 3.6% increase to coincide with the COLA increase previously decided earlier in the year. For 2012 the Medicare Part B Premium will be $99.90 and the Part B deductible… Read more

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Workers’ Comp Claims From a Home Office Can Turn On Whether It’s “Work”

Workers’ Compensation benefits are designed to help those injured at work-even if “work” means a home office. But as one recent tragic case demonstrates, injuries in the home may be given more scrutiny than injuries that take place in a traditional office, factory, or shop environment. Donald Werner worked as an international sales manager for… Read more

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Returning to Work After A Workers’ Compensation Claim

Even if a doctor gives someone a “clean bill of health” to return to work following an accident, where workers’ compensation benefits were collected, the injured worker still faces that moment of truth for the first few days back on the job, which determines whether the person can truly resume work at his or her… Read more

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The Grave Danger of Workplace Dust Explosions

To the uninitiated, industrial dust may seem as harmless as the dust on the bedroom dresser. The truth is, however, that explosive dust is responsible for numerous deaths each year in the industrial setting. While dust levels in grain-handling environments are closely regulated, the dust in other industries – industries with a total of 2.5… Read more

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120 Day Rule Regarding Notice of Injury

In the case Hershgordon v. Workers’ Compensation Appeal Board (Pep Boys), the appeal board reaffirmed the importance of notifying the employer within 120 days of injury. The claimant filed a claim petition for an alleged work injury occurring on June 13, 2005. The record showed that the employer was not notified of the alleged injury… Read more

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Notice of Compensation Denial Decision

In the case, Mason v. Workers’ Compensation Appeal Board (Rothman Institute), the claimant’s work injury was accepted by a Notice of Compensation Denial (NCD). During litigation of a claim petition, the Claimant argued that the employer could not deny his work injury because of the previous acceptance on the NCD. However, the Workers’ Compensation Appeal… Read more