A recent court ruling by the Pennsylvania Workers’ Compensation Appeal Board may have significant impact on future workers’ compensation cases filed in the state. The Pennsylvania Workers’ Compensation Appeal Board ruled that injured workers who file a workers’ compensation claim need to establish how their workplace injury contributed to their subsequent illness. The board said… Read more
The Pennsylvania governor and lawmakers are trying to change workers’ compensation in the state. Lawmakers have proposed a bill that would increase the amount of time injured workers have to see employer-approved physicians for their medical treatment. The bill was proposed to reduce fraud and save companies money when paying workers’ compensation benefits to injured… Read more
A Pennsylvania law is having severe consequences for firefighters who develop cancer. Several reports have shown that some insurance companies are dropping workers’ compensation coverage for volunteer firefighters due to a new workers’ compensation law. The Pennsylvania law ensures that firefighters can receive workers’ compensation if they develop cancer and can establish that it was… Read more
In the case Little v. Workers’ Compensation Appeal Board (B&L Ford/Chevrolet), the Court affirmed the denial of a fatal claim petition. The Court ruled that the decedent’s heart attack was not caused by furthering the employer’s business but in reaction to being terminated. The decedent had stopped working due to injuries and was terminated a… Read more
In the case Jaeger v. Bureau of Workers’ Compensation Fee Review Hearing Office (CAN), the Court upheld the decision that Dr. Jaeger was not to be awarded additional compensation for treatment, because the insurer properly followed the procedures under 34 Pa. Code §127.207. The insurer had sent the ten day notice to the doctor indicating… Read more
In the case Vaugh v. Workers’ Compensation Appeal Board (Carrara Steel Erectors), the court decided that an employer’s job-offer letter does not have to explicitly state the activities to be performed upon returning to work, if a capability chart is attached. However, the work-capability chart must provide assurances that the work is within the necessary… Read more
Recently, the Pennsylvania Chamber of Commerce and at least one member of the Pennsylvania legislature submitted proposals for reform to the Department of Labor and Industry to “improve the quality of care and curtail waste and abuse in the current [workers’ compensation] system.” While veiling itself as an attack on systemic waste, in reality, the… 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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