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Pennsylvania Workers’ Compensation and Winter Weather Injuries

Accidents and injuries can happen any time of the year. The snow, sleet, and ice that arrive with Pennsylvania’s often harsh winters, however, make them more likely to occur. And when winter weather results in injuries to...more

Commonwealth Court Agrees Benefits Should Be Terminated When Defendant’s Medical Expert Does Not Specifically Address Accepted...

In an unreported opinion, the Pennsylvania Commonwealth Court has ruled that an employer’s medical expert presented on a pending termination petition does not have to testify that the claimant is fully recovered from a...more

Employer's Medical Expert Opinion Should Address Both General and Specific Injuries

In an unreported opinion, the Pennsylvania Commonwealth Court has ruled that an employer’s medical expert presented on a pending termination petition does not have to testify that the claimant is fully recovered from a...more

Suspension of Workers’ Compensation Benefits for Incarceration Cannot Occur Until “After” A Conviction

In Carl Sadler v. WCAB (Philadelphia Coca-Cola Company), the Pennsylvania Supreme Court granted allocator to address the issue of whether the Commonwealth Court erred in concluding that employer was not entitled to...more

The Dangers of Untimely Filings – What Employers Need to Know [Video]

In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document...more

Employers Take Heed: Unreasonable Contest Counsel Fees Awarded For Untimely Filing of a Medical-Only Notice of Compensation...

In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania held that unreasonable contest counsel fees can be awarded for failure to issue a Notice of Compensation Payable acknowledging a...more

VIDEO: Are PA Workers Compensation Attorney Fees Now Taken from Medical Benefits Too? [Video]

The Pennsylvania Commonwealth Court recently held that attorney fees for Pennsylvania Workers’ Compensation claims can be deducted from medical benefits paid on behalf of claimants, in addition to wage loss benefits....more

Attorney Fees in Pennsylvania Workers’ Compensation Cases Now Allowed

In Neves v. WCAB (American Airlines), the Commonwealth Court held that a counsel fee applies to both wage loss and medical benefits awarded given it is established that this was the intention of claimant and counsel, without...more

A Professional Football Player May Not Be a Seasonal Employee For Purposes of Calculating An Average Weekly Wage

In Pittsburgh Steelers Sports, Inc. v. WCAB (Trucks), 1257 C.D. 2018 (Pa. Cmwlth. 2003), the Commonwealth Court found, that for purposes of calculating the claimant’s average weekly wage, the claimant, who was employed as a...more

Commonwealth Ruling Addresses Defendant Actions through a Compromise and Release Agreement

On August 7, 2019, the Commonwealth Court ruled that the defendant in a fully denied workers’ compensation claim cannot take certain actions through a no liability Compromise and Release Agreement, to prevent a medical...more

Determining the First Day of Disability

Valley Stairs and Rails v. WCAB (Parsons), No. 110 C.D. (Cmwlth Ct. 2019) - In Valley Stairs, the Commonwealth Court addressed the issue of the date a claimant’s workers’ compensation benefits become payable, under Section...more

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