Workers' Compensation One Liners
Jane Lombard
 
 
Download printable format

 January-February 2002
Special Expanded Edition
ADA:
Toyota Motor Company,
Inc. v. Williams,
00-1089 Decided 1/8/02		 In a unanimous decision, the U.S. Supreme Court limits the scope of the ADA, determining that a “disability” must be viewed in terms of what is crucial to daily life functioning; not just employment tasks; Court thereby holds employer did not violate the ADA in failing to accomodate carpal tunnel complaints
ACT 57:
Caso v. WCAB,*
1416 C.D. 2001
Decided 1/11/02		 Divided Commonwealth Court panel rules that Section 306 (b) (2) requires WC Bureau to compile a list of vocational experts, thereby alleviating claimant from obligation to submit to a vocational interview with an expert not on that “list”.
EXPERT WITNESS:
Merva v. WCAB,
784 A. 2d 222		 Commonwealth Court refuses to penalize employer for failure to timely pay claimant’s medical expert’s deposition fee where such fee was contingent on claimant’s successful prosecution of his claim petition since such an agreement is illegal and unenforceable.
NOTICE:
Storer v. WCAB,
784 A.2d 829
 Court affirms dismissal of claim petition for failure to prove statutory notice, holding that notice is not proven where claimant cannot demonstrate proper mailing of a letter to the employer apprising it of causation; mailbox rule will not apply as claimant must prove employer’s receipt of the notice.
PENALTY/ATTORNEY’S FEE:
DPW v. WCAB,
783 A.2d 358		 Commonwealth Court holds award of penalties for employer’s failure to comply with WC Judge’s Order constituted a violation of the Act and further precluded a finding of a reasonable contest such that attorney’s fees were also assessed.
PENSION CREDITS:
Twp. of Lower Merion v. WCAB,
783 878
 Where employer sought credit against WC benefits for third-party contributions made to claimant’s pension fund (Commw. of PA), Commonwealth Court rules that clear language of statute limits credit to the amount paid by the liable employer.
PSYCHIC INJURY:
See Hanna and Sons Constr. v.
WCAB, 784 A.2d 860
 Abnormal work conditions existed supporting award of compensation where employer repeatedly failed to pay benefits and taxes on claimant’s behalf, despite having made deductions from his pay checks; Court found employer’s actions rose to level of a criminal act.
UTILIZATION REVIEW:
Trafalgar House v. WCAB,
784 A.2d 232		 Commonwealth Court holds WC Judge may not deem medical treatment neither reasonable nor necesssary solely because treatment is palliative without expectation of long term benefit.
WORK AVAILABILITY:
Hoover v. WCAB,
783 A.2d 886		 Commonwealth Court holds that for purpose of a job offer by pre-injury employer, even for injury subject to Act 57 provisions, Kachinski notice standards apply such that descriptive information about job duties, class of job, and salary must be included; further, LIBC-757 must also be provided if employer relies on Section 306 (b) (2) to modify or suspend compensation.
(J.A. Jones Construction
vs. WCAB, 784 A.2d 280.)		 Employer is not required to re-establish available work where claimant’s benefits were modified secondary to bad faith, but later reinstated due to a change in condition for a closed period, because claimant was unable to establish ongoing total disability.
  *Caso v. WCAB has been appealed by the employer. Look for further updates on the status of vocational experts as this matter develops both in the Courts and at the Bureau level.

** Attached is 2002 WC rate schedule.
Chuck Katz | Steve Harlen | Jane Lombard
Andy Touchstone | John Dogum | Paul Pauciulo | Sheilah Tone