In the case Keene v. Workers’ Compensation Appeal Board (Ogden Corp.), the Commonwealth Court held that a claimant, who was receiving Social Security Disability, did not remove herself from the work force, because she testified that she stopped looking for employment for a two-year period after a work-related knee replacement. Judge Friedman wrote that before… Read more
Workplace safety has long been a major priority for state and local governments. The Occupational Safety and Health Administration (OSHA) has spent decades trying to improve safety conditions for workers across the country. While these efforts have reduced the number of deaths and serious injuries in the workplace, serious problems still remain. The agency recently… Read more
In Gary v. Workers’ Compensation Appeal Board (Phila. Sch. Dist.), the court upheld the Workers’ Compensation Judge’s decision which denied the Utilization Review Petition. The UR Reviewer decided that the treatment did not show a “significant improvement” in the claimant’s condition and therefore continued treatment was deemed not reasonable or necessary, even though five years… Read more
In University of Penn. v. Workers’ Compensation Appeal Board (Hicks), the court determined that an employer was not entitled to suspend a claimant’s benefits after he returned to work following a work injury and was terminated for not possessing the proper certification as a campus police office. The employer had a policy that requires all… Read more
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
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
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
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
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
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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