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
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
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
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
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 new Medical Treatment Guidelines—including new Guidelines covering Eye Disorders—become effective on May 2, 2022. The extensive Eye Disorder...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
In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...more
In Wilson v. State of California Department of Forestry and Fire Protection, ADJ10116932 (filed 5/10/19), the Workers’ Compensation Appeals Board held in an en banc decision that determination of whether an injury is...more
The Florida Hindrance to Recovery doctrine entitles an injured employee to receive medical benefits for pre-existing conditions, if the treatment will aid or improve recovery. This doctrine arises out of Florida Statute...more
How the Pennsylvania Supreme Court’s Decision in Kamara Changes the Legal Landscape for Workers’ Compensation Subrogation and Successfully Moving Forward - On November 21, 2018, the Pennsylvania Supreme Court, in a 5-4...more
May the Commission Determine Issues Not Mentioned By the Parties - Haulcy v. The Goodyear Tire & Rubber Co. - On April 23, 2014, Plaintiff was maneuvering a 55-pound tire at work when she felt pain in her lower back. ...more
The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so,...more
Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time. In an unpublished...more