During the case of Fidelity and Guaranty Co. v. Bureau of Workers’ Compensation (Community Medical Center), a medical provider disputed the amount the insurer reimbursed it for treatment provided to a claimant by filing an application for fee review with the Bureau on the 85th day after the original billing date. The insurer asserted that… Read more
In the case of Trevdan Building Supply v. Workers’ Compensation Appeal Board (Pope), the Commonwealth Court ruled that since the claimant returned to work without restriction and since there was a reduction in overtime for all employees, a suspension of benefits was appropriate. The panel further noted that this is true even where claimants return… Read more
In the case of Shannopin v. Workers’ Compensation Appeal Board (Sereg), the Commonwealth Court affirmed a judge’s decision after multiple remands, because he made a finding that the claimant was totally disabled from the work force in 2002 and that, thus, he had not removed himself from it via retirement.
For the case of Washington v. Workers’ Compensation Appeal Board (State Police), the Court upheld the denial of a mental/mental claim, because photographing infant murder victims is not an abnormal working condition. The claimant admitted during his testimony that photographing such subjects was a foreseeable part of his job as a photographer for the State… Read more
The Pennsylvania Supreme Court has held that IREs are unconstitutional. Section 306 (a)(2) has been deleted from the act. Anyone who was evaluated for an IRE should immediately talk to counsel regarding their legal rights. Call us now at 215.587.8400.
A series of flawed provisions in the current Occupational Safety and Health Act prevents the accurate calculation of work-related deaths. The system does represent a fairly accurate tally of on-the-job fatal injuries, but does not include work-related illnesses and occupational diseased like silicosis, asbestosis or hepatitis (sometimes seen in health care workers who have been… Read more
In the case of Pizza Hut, Inc. v. Workers’ Compensation Appeal Board (Mahalick), on appeal, the employer argued that the claimant’s review petition was time-barred, because it was not filed within three years of the last payment of compensation. The Court did not accept the employer’s argument and affirmed the grant of a review petition… Read more
On May 23 the PA House of Representatives will vote on HB 808, which extends the time period for captive treatment with a panel doctor from 90 days to 180 days (6 months). This is the insurance companies’ version of rationed medical care. This is not just a bad bill, it is bad medicine. It… Read more
After Christopher Freitick suffered an on the job injury, he filed a lawsuit against his employer, SMS Rail Lines (“SMS”), for allegedly failing to implement safety procedures that could have prevented the accident. In a recent case, the U.S. District Court for the Eastern District of Pennsylvania ruled on SMS’s motion asking the court to… Read more
Are you an employee, or an independent contractor? Chances are the company you work for has an answer to that question. But are they right? Misclassification of workers is a widespread problem: Pennsylvania even has a new law specifically targeting improper mislabeling of construction workers. If they get away with it, calling employees “independent contractors”… Read more
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