Social media websites make it easier for us to share the details of our lives with others. We can send information to a large amount of people with just one click. We can post pictures of important or noteworthy events. While most of these photos are just a simply way to share memories, some postings… Read more
In the case, Pike v. Workers’ Compensation Appeal Board (Veseley Brothers Moving), the Commonwealth Court decided that Act 57 eliminates the option of using substantially higher earnings when calculating an injured employee’s average weekly wage. More importantly if the evidence does not demonstrate that the higher earnings are indicative of future earnings, the lesser earnings… Read more
Construction workers are all too familiar with a dangerous work environment. Jobsites have a lot of different types of workers performing tasks in several places at the same time. It would be impossible to be able to watch everything that is happening, so workers have to trust that others are using proper safety techniques and… Read more
During these difficult economic times, it has been a challenge for many people to find work. Unemployment rates remain high, and those who do have a job are doing everything they can to stay employed. Workers and employers know that there are people ready and willing to do the job if an employee’s performance begins… Read more
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
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