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Workers' Compensation One Liners
Jane Lombard
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 Download printable format
November 2002
EVIDENCE:
Rox Coal Co. vs. WCAB,
807 A.2d 906 (Pa. 2002) |
The Supreme Court holds that police report indicating decedent’s violations of the vehicle code is inadmissible hearsay which cannot support defendant’s burden to show a violation of law or violation of company policy as such award of fatal claim benefits is affirmed. |
INTEREST:
Johnakain vs. WCAB,
806 A.2d 950 (Pa. Cmwlth. 2002) |
Commonwealth Court affirms WCJ’s order denying statutory interest to the claimant on a disfigurement claim as a result of an eight month delay in filing claimant’s Brief, without explanation or excuse. |
MODIFICATION:
Allegheny Ludlum Steel v.
WCAB, 806 A.2d 508 (Pa. Cmwlth. 2002) |
The Commonwealth Court reverses WCAB holding that where pre-injury employer offers a light duty job, although referral letter lacks a specific job description, a “common sense” review indicates the claimant was apprised that the position was available. |
SUPERSEDEAS FUND
REIMBURSEMENT:
Optimax , Inc. v. WCAB,
806 A.2d 994
(Pa. Cmwlth. 2002) |
Commonwealth Court vacated and remanded employer’s application for supersedeas fund reimbursement holding supersedeas fund reimbursement is not precluded where parties stipulated to a full recovery and WC Judge incorporates Stipulation in a decision granting termination, where evidentiary record supports petition for termination independent of the Stipulation. |
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HAPPY THANKSGIVING
Chuck Katz | Steve Harlen | Jane Lombard
Andy Touchstone | John Dogum | Paul Pauciulo | Sheilah Tone
Please remember if you would prefer to receive one-liners via e-mail, drop us a note at jlombard@swartzcampbell.com |
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