How to Properly Use the Pennsylvania Workers' Compensation Bureau Forms
This week, the 3rd Department decided on 3 cases on June 27, 2024. Learn more about each of these cases below. DeWolf v. Wayne County. In this occupational hearing loss claim, the Law Judge initially found for the...more
Winkelman v. Sumitomo Rubber USA (3rd Dept. 6/20/24). This Appellate decision affirmed the Board’s finding of no Section 114a violation. Here, the claimant worked as a tire development engineer. He tripped and fell in May...more
On June 13, the 3rd Dept. released one workers’ compensation decision. In So v. Erin’s Pharmacy, CV-23-1738 (3rd Dept. 2024), the Court held that the Board’s rejection of an outdated RB-89 appeal form was a reversible error....more
Trincia v. Dick’s Sporting Goods, 2024 WL 1110401 (Del. Super. Mar. 14, 2024) - Ms. Trincia filed a Petition to Determine Compensation Due that alleged she injured her cervical spine and left shoulder in a work accident on...more
This week appeared to be a busy docket for New York workers’ compensation cases. The 3rd Dept. released four opinions on Thursday May 30, 2024. Read their summaries below. Garofalo v. Verizon CV-23-1298....more
Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...more
The New York Court of Appeals issued a decision last week, clarifying the rebuttable presumption of WCL § 21(1) in work assault cases, particularly in a mass shooting scenario. When an injury happens during work, it is...more
Two new Appellate Division cases were released on Thursday, May 16, 2024, involving New York Workers’ Compensation....more
Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more
This week the 3rd Department released three new cases. Learn more below. Dexter Morgan v. Kinray, Inc., et al. (4/25/24) - In this case, the 3rd Dept. upheld a decision disallowing an occupational repetitive use claim. The...more
As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of our success in the area of fraud litigation. This report was originally conceptualized nearly three years ago as...more
The Third Department Appellate Division —for the first time—held that an employee was not covered by a Professional Employer Organization (PEO) policy because she was not a leased employee. In Brown v. Buffalo Transportation,...more
Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation...more
Marie Dennis v. Inglis House (WCAB); No. 1223 C.D. 2022; filed Oct. 12, 2023; Sr. Judge Leavitt - The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January...more
An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of...more
Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates Effective July 3, 2023, Forms C-25 and C-27 have...more
Key Takeaways - There’s been a significant increase the last month in Section 32 Agreements disapproved, or to which revisions have been demanded, due to a general release or resignation attendant to same. Until...more
Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that...more
Key Takeaway - The New York Workers’ Compensation Board continues to struggle with properly attributing the coverage Professional Employer Organizations provide to underlying employers. Professional Employer...more
During a recent court session, I witnessed a judge enter an order compelling a Professional Employment Organization (PEO) to pay benefits without prejudice for an employee who was in no way associated with the PEO, according...more
Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways - The Workers’ Compensation Board can disqualify a claimant from receiving lost-time benefits under...more
Key Takeaways - Under certain conditions, the Workers’ Compensation Board can disqualify a claimant from receiving lost time benefits, according to New York Workers’ Compensation Law 114-a Claims can be overcome when...more
Key Takeaways - The NY Workers’ Compensation Board has announced new Medical Treatment Guidelines—including new Guidelines covering Complex Regional Pain Syndrome—become effective on May 2, 2022. The extensive...more
Key Takeaways - The NY Workers’ Compensation Board has announced that the new medical treatment guidelines—including new guidelines covering Traumatic Brain Injury (TBI)—become effective on May 2, 2022. The guidelines...more
Presenting potentially significant exposure to employers, the Pennsylvania Supreme Court just decided Vincent Lorino v. WCAB (Commonwealth of Pennsylvania), addressing the issue of awarding attorney’s fees to a claimant in...more