Swartz Campbell - Workers' Compensation One Liners

Workers' Compensation One Liners
Jane Lombard

AGGRAVATION/RECURRENCE: McNulty v. WCAB, 804 A.2d 1260	Commonwealth Court reverses WCAB affirming 50 percent penalty on unpaid medical bills where claimant’s testimony alone is sufficient to meet his burden of proof on reinstatement and employer is unable to establish as an affirmative defense an aggravation by a subsequent employer.
ATTORNEY’S FEE: Chrzan v. WCAB, 805 A.2d 42	Commonwealth Court permits review of WC Judge’s assessment of unreasonable contest attorney’s fee award on “due and payable compensation,” interpreting award as due on past benefits only.
MEDICAL BILLS: Commw. of PA/Dept. of Corrections v. WCAB, 805 A.2d 633	Commonwealth Court holds employer responsible for medical bills incurred in the first 90 days where claimant does not treat with panel doctor as employer did not secure two signed rights and duty notices, at time of hiring and at time of injury, thereby not complying with both statute and regulations.
PARTIAL DISABILITY: CPV Mfg, Inc. v. WCAB, 805 A.2d 653	Commonwealth Court reverses WCAB grant of partial disability where claimant left work to obtain medical treatment, as treatment was available during non-work hours.
Lyons v. WCAB, 803 2d 857	Former NFL player’s equal protection challenge to Section 308.1, which limits partial disability benefits, fails as Court holds legislation passes rational basis scrutiny.
Chuck Katz \| Steve Harlen \| Jane Lombard Andy Touchstone \| John Dogum \| Paul Pauciulo \| Sheilah Tone