Pennsylvania Workers' Compensation Journal: Disability Law

Home -> Law Blog Directory -> Disability Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Disability Law

Pennsylvania Workers' Compensation Journal

Digest of Developments in Pennsylvania Workers' Compensation Practice and Procedures.
By Judge Robert Vonada

Post Frequency: 1.6/day

Last Entry: March 10, 2013 at 23:20:01

Twitter Link

Posted on March 10, 2013
I have not been able to prepare posts to Pennsylvania Workers' Compensation Journal for some time. On Twitter I share updates on all of my interests including, of course, workers' compensation. The link to Twitter is down the page on the right.

Decedent in Home Office Was Not in Course of Employment if on Personal Comfort Break

Posted on September 13, 2011
In Werner v. WCAB (Greenleaf Service Corporation) the decedent had a home office. The claimant surviving spouse found the decedent unresponsive in his home office desk chair. The decedent suffered a massive intracranial hemorrage. The evidence indicated the decedent fell on his outside steps, then went in an upstairs bathroom before going down to his home office...

Claimant Who Returns to Light Duty and is Dismissed for Concealing Employment During Disability is Not Entitled to Reinstatement.

Posted on August 29, 2011
In Sauer v. Workers' Compensation Appeal Board (Verizon Pennsylvania, inc.) the Claimant returned to light duty on August 16 and a notification of suspension was issued. On August 17, the Claimant and his union representative were shown surveillance of the Claimant doing various work during his period of disability...

Adult Stem Cell Treatment of Degenerative Disc Disease

Posted on August 22, 2011
A company experimenting in adult stem cell treatment of degenerative disc disease has announced a successful phase 2 clinical trial. The procedure injects mesenchymal precursor cells into damaged intervertebral discs. The company reported that in the clinical trial the subject disc demonstrated reversal of the degenerative process, regrowth of disc cartilage, and sustained normalization of disc pathology, anatomy and function for at least six months...

To access this complete feed in the blog feed reader login or register for free.

Sabbatical Over

Posted on August 21, 2011
Like so many bloggers before me, I have to beg the reader's blessing to take time out for my family. Instead of making this post a farewell, however, this is an announcement. My sabbatical is over. The purpose of this journal is to cultivate my own command of developments in Pennsylvania workers' compensation practice and procedure...

Commonwealth Court Reverses Award Based on Lack of Notice

Posted on July 18, 2010
In Allegheny Ludlum Corporation v. WCAB(Holmes) the Claimant worked in metatarsal boots with steel up above the ankle. Her foot problems began in 1994. She had surgeries and periods of disability when she collected sickness and accident benefits. She went off work for the last time prior to filing her claim petition on June 11, 2003...

Commonwealth Court Holds Three Year Filing Limitation in Second Paragraph of Section 413 Applies to Entire Section

Posted on July 18, 2010
In Fitzgibbons v. WCAB(City of Philadelphia) the Claimant had a May 4, 1997 injury described on a notice of compensation payable as epicondylitis of the left elbow. Benefits were suspended upon her July 13, 1998 return to work without loss of earnings...

2006 Life Tables Published - CMS Requires Use of 2006 Table After July 19

Posted on July 10, 2010
The National Center for Health Statistics has published the 2006 Life Tables. These are the most up to date life tables for use in Sciarotta calculations. The Centers for Medicare & Medicare Services published an update advising any Workers Compensation Set Aside Proposal submitted after July 19, 2010 should use Table 1: Life table for the total population: United States 2006 for WCMSA life expectancy calculations.

PBS Frontline Article

Posted on July 05, 2010
The Myth of Workers' Compensation Fraudhat tip to http://twitter.com/PAWORKERSCOMP

Cameras in the Courtroom and Justice

Posted on July 04, 2010
Cameron Stracher, a New York writer and media lawyer wrote Who's Afraid of Cameras in the Courtroom, an opinion piece for the Wall Street Journal, on July 2. Mr. Stracher argues the prohibition of audio and video recording in the courtroom is over broad and inconsistent with the non-stop media coverage of trials outside the courtroom...

Commonwealth Court Modifies Benefits of Claimant Who Applied For And Did Not Get Jobs in Labor Market Survey

Posted on July 01, 2010
In Phoenixville Hospital v. WCAB (Shoap) the Claimant received a Notice of Ability to Return to Work sometime after a May 9, 2007 IME. In July the Claimant received a Labor Market Survey (LMS) listing three jobs. The jobs were open and available on May 21, June 5 and June 11...

Medical Evaluation of Work Injuries

Posted on February 10, 2010
Reduceyourworkerscomp.com and workerscompensaation.com share 8 Ways One Doctor Can Reduce Workers' Comp Costs Forever, a guide to evaluation and diagnosis of claimed work injuries. The checklist illustrates where a disconnect can occur between the injured employee and the doctor which can result in a faulty opinion.

Presentation at Central Pennsylvania Regional Business and Industry Expo

Posted on October 30, 2009
I will be in a panel presenting Workers' Compensation Update: What Employers Need to Know to Successfully Manage and Close a Workers' Compensation Claim. The workshop will be presented at the Central Pennsylvania Regional Business and Industry Expo at the Bryce Jordan Center on November 17 at 5:30 p...

Commonwealth Court Holds Claimant Cannot Receive 500 Weeks of Partial Disability For Two Injuries

Posted on October 25, 2009
In P. Reutzel v. WCAB (Allegheny General Hospital) the Claimant argued she could reinstate partial disability benefits from a prior injury when 500 weeks ran on her more recent injury. The Court held Section 306(b)(1) of the Act specifically limits the period of partial disability benefits to 500 weeks for any injury or its recurrence, regardless of any change in disability status...

Supreme Court Grant of Appeal in Diehl v. WCAB (IA Construction & Liberty Mutual)

Posted on October 24, 2009
The Supreme Court's grant of appeal in Diehl v. WCAB (IA Construction & Liberty Mutual) frames the issue as:Whether the Commonwealth Court erred in its interpretation of 77 P.S. �551.2 by holding that respondents did not need to present evidence of job availability or earning power in order to change petitioner?s disability status from total to partial, and whether the court?s holding conflicts with Gardner v...

Supreme Court Reverses Commonwealth Court Ruling That Labor Market Survey May Be Conducted in Claimant's Place of Residence Out Of State

Posted on October 22, 2009
The Commonwealth Court held in Riddle v. WCAB (Allegheny City Electric, Inc.) that it was appropriate to conduct a labor market survey in the area where the claimant resides out of state. The Court relied on pre-Act 57 case law for guidance. These cases held work should be identified in the place of the claimant's residence...

Amendments to Board and Judges' Rules Published in Pennsylvania Bulletin

Posted on October 17, 2009
The amendments to the board and judges' rules were published today in the Pennsylvania Bulletin.A WCJ can no longer conduct a mandatory mediation in the judge's own case. If the parties and judge all agree, the presiding judge can conduct a voluntary mediation...

Commonwealth Court Limits Time for IRE Appeal Based on Competency of the IRE Report

Posted on October 16, 2009
In D. Johnson v. WCAB (Sealy Components Group) the Employer issued a Notice of Change of Workers? Compensation Disability Status based on an IRE finding of a 15% total body impairment. A year later the Claimant filed a petition to review alleging her pulmonary condition should not have been evaluated by the IRE physician who is a board certified physiatrist...

FCE Exam May Not Become Pre-Employment Exam Prohibited by ADA

Posted on October 08, 2009
Business Insurance reviewed a 9th Circuit Court of Appeals case which held a return to work FCE might have gone beyond testing for recovery from the specific work injury. The FCE reported data that might have revealed whether the Employee suffered a disability unrelated to the work injury...

Summary of WCRI Report at Risk and Insurance

Posted on October 02, 2009
Pennsylvania: Study finds medical costs per claim similar to other states, but rising

An Entertaining Mediation Primer

Posted on September 24, 2009
Richard H. Ralston has compiled a list of thirty things to say in mediation. It is kind of a list of things not to say, or most accurately, a list of things you will hear yourself say and wish you hadn't. I have heard all but a few of these. I have not heard Statement #5 "They are not negotiating in good faith...

Commonwealth Announces G-20 Closings

Posted on September 21, 2009
A press release issued by the Governor's office gives all Pittsburgh state office closings for September 23-25. The release states: The Workers' Compensation Office of Adjudication (WCOA) office will be closed. If an emergency arises relating to an Allegheny or Beaver County worker's compensation case, call the Johnstown office at 814-533-2494.

Facebook, MySpace, etc. Evidence

Posted on September 06, 2009
In a Businessinsurance.com article, workers' compensation claims investigators recall their favorite stories of Claimants' Facebook and MySpace activities. The Claimants in these examples were caught in demonstrably inconsistent behavior.More often than not Facebook and MySpace evidence amounts to character evidence which is not as helpful to the WCJ...

Commonwealth Court Reaffirms Employer is Responsible to Maintain Orthopedic Appliances

Posted on September 03, 2009
In Equitable Resources v. WCAB (Thomas) the Employer provided modifications to a bathroom. A water leak damaged the bathroom and finished basement. The Commonwealth Court applied Zuback v. Workers? Compensation Appeal Board (Paradise Valley Enterprise Lumber Company) 892 A...

Supreme Court Grants Petition for Allowance of Appeal on "Footprint" Argument in Pension Benefit Offset

Posted on May 28, 2009
In Commonwealth of Pennsylvania DPW v. WCAB (Harvey) the Supreme Court granted allocatur to review the holding of the Commonwealth Court in Pennsylvania State University/PMA Insurance Group v. WCAB (Hensal), 911 A.2d 225 (Pa. Cmwlth. 2006) and Department of Public Welfare/Western Center v...

Commonwealth Court Rules Claimant May Not Seek Review of the Determination of a URO That the Provider Did Not Properly Submit Records

Posted on May 26, 2009
In L. Sexton v. WCAB (Forest Park Health Center) the Employer filed a request for utilization review. The Provider forwarded treatment records in a timely manner, but did not complete a verification. The URO sent the records back to the Provider. They were not returned...

City Can Subrogate Heart & Lung Act Claim Against Third Party Recovery

Posted on May 24, 2009
In City of Wilkes-Barre vs. Robert P. Sheils, Jr., Trustee in Bankrupcy, George W. Cole, Debtor the Third Circuit Court of Appeals held a municipality that pays Heart and Lung Act benefits has a subrogation interest against a third party recovery. The District Court held the subrogation claim was barred by Section 1720 of the Motor Vehicle Financial Responsibility Law...

Blair County Chamber Risk/Safety Committee and Human Resource Mgt. Assn. of Blair County -- ?Ten Ways to Lose a Workers' Compensation Case"

Posted on January 29, 2009
The following citations are provided as a follow up to my recent presentation to the Blair County Chamber of Commerce Risk/Safety Committee and Human Resource Management Association of Blair County entitled ?Ten Ways to Lose a Workers? Compensation Case??Outliers? by Malcolm GladwellMaxim Crane Works v W...

Proposed Amendments to Workers' Compensation Judges' Rules Published in Pennsylvania Bulletin

Posted on September 09, 2008
The proposed amendments to the Special Rules of Practice and Procedure Before Workers' Compensation Judges were published Saturday in the Pennsylvania Bulletin. The proposed regulations provide for electronic filings with the Bureau and the Board and include regulations consistent with procedures that have been put in place since Act 147 and Act 109 (dealing with support obligations)...

Commonwealth Court holds home health nurse is traveling employee from her home to patient's home

Posted on August 21, 2008
In L. Jamison v. WCAB (Gallagher Home Health Services) the Claimant worked as a home health nurse. She also worked for another home health service and a mortgage company. Gallagher Home Health Services (Gallagher) allowed the Claimant to pursue her other employment and personal errands during the work day...

Related Law Bulletins

Pennsylvania Nursing Home Director Admits Criminal Neglect of Patient
Donna Cameron, of Ashton Pennsylvania, who was the former Director...

Pennsylvania Insists On Licenses for Tranist Vehicles Serving Amish
Last Sunday's Pittsburg Post Gazette carried a story about a crack...

Lawsuit for Improper Lung Transplant at the Hospital of the University of Pennsylvania
In a case in the Eastern District of Pennsylvania, a New Jersey ma...

Pennsylvania Jury Awards $3 Million for Sinus Infection Misdiagnosis
In today's Pittsburgh Post Gazette: Jury awards $3 million in malp...

Pennsylvania: Is Medical Malpractice Crisis Over?
The jury is still out on this one, but Philadelphia's Bulletin jus...